Claimant v Mental Health Aberdeen (In Liquidation)
Outcome
Individual claims
The respondent dismissed 20 or more employees as redundant within 90 days at one establishment and 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. The liquidator did not contest the claims. The tribunal found the complaint well founded.
Facts
Mental Health Aberdeen went into liquidation and dismissed 20 or more employees as redundant on 24 July 2025 at their Aberdeen site. The respondent failed to elect employee representatives and failed to consult employees before the redundancies as required by statute. There was no recognised trade union. Liquidators were appointed on 27 August 2025 and agreed to lift the moratorium to enable protective award claims. The liquidator did not contest the 53 claims.
Decision
The tribunal made a default judgment under Rule 22 on the papers. The claims for failure to inform and consult under s.188 TULRCA 1992 were well founded. The tribunal made a protective award ordering the respondent to pay remuneration for a 90-day protected period beginning 24 July 2025 to all 53 claimants who were dismissed as redundant.
Practical note
Employers facing insolvency must still comply with collective consultation obligations when making 20 or more redundancies, and failure to do so results in protective awards of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 4103514/2025
- Decision date
- 6 November 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No