Claimant v 5 P.M. Ltd (In Administration)
Outcome
Individual claims
The respondent dismissed as redundant more than 20 employees at one establishment within 90 days and failed to ensure that employee representatives were elected in accordance with s.188A and failed to consult with them in accordance with s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992. No response was presented to the claim and the tribunal issued judgment under rule 22.
Facts
5 P.M. Ltd (In Administration) dismissed more than 20 employees as redundant from their establishment at 38 Queen Street, Glasgow within a period of 90 days. There was no recognised trade union for collective bargaining purposes. The respondent failed to ensure that employee representatives were elected in accordance with s.188A and failed to consult with them as required by s.188 of TULRCA 1992. No response was presented to the claims by the respondent, which was in administration.
Decision
The tribunal issued judgment under rule 22 on available material without a hearing. The complaint that the respondent failed to comply with requirements of sections 188 and 188A was found to be well founded. A protective award of 90 days was made, with the protected period beginning 31 July 2025.
Practical note
Administrators must ensure compliance with collective consultation obligations even when a company is in administration, or face protective awards of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 4106955/2024
- Decision date
- 11 November 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No