Claimant v Belmar Engineering Services Limited (In Liquidation)
Outcome
Individual claims
The respondent dismissed 20 or more employees as redundant within 90 days but failed to ensure employee representatives were elected in accordance with s.188A TULRCA 1992 and failed to consult with them in accordance with s.188. There was no recognised trade union. The liquidator did not contest the claim.
Facts
The respondent, an engineering services company in Aberdeen, entered liquidation with liquidators appointed on 14 March 2025. On 15 April 2025, the respondent dismissed 20 or more employees as redundant from their Aberdeen site. The respondent failed to ensure employee representatives were elected and failed to conduct collective consultation as required by TULRCA 1992. There was no recognised trade union. The liquidator did not contest the claims and agreed to lift the moratorium.
Decision
The tribunal found the complaint well-founded under Rule 22 on the papers without a hearing. The respondent was ordered to pay a protective award of 90 days remuneration to the claimants for the protected period beginning 15 April 2025, the maximum period available for failure to inform and consult on collective redundancies.
Practical note
Employers in liquidation who dismiss 20 or more employees as redundant remain subject to collective consultation obligations and failure to comply results in the maximum 90-day protective award even where claims are uncontested.
Legal authorities cited
Statutes
Case details
- Case number
- 4100937/2025
- Decision date
- 20 November 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No