Claimant v Valve Components Ltd (In Administration)
Outcome
Individual claims
The tribunal found that the respondent proposed to dismiss as redundant more than 20 employees at one establishment within a period of 90 days or less and failed to ensure that employee representatives were elected in accordance with section 188A TULCRA, and then to consult with them in accordance with section 188. This was a clear breach of the statutory duty to inform and consult.
Facts
The respondent company went into administration and proposed to dismiss more than 20 employees as redundant at its East Kilbride establishment within 90 days. The claimant was one of those employees dismissed on or around 15 March 2024. The respondent failed to arrange for the election of employee representatives and failed to consult collectively with employees before making the redundancies. The respondent did not appear or participate in the proceedings.
Decision
The tribunal found the claim well-founded and made a protective award for the maximum period of 90 days beginning on 15 March 2024. The tribunal extended the time limit for presenting the claim under section 189(5) TULCRA. The respondent is ordered to pay the claimant remuneration for the 90-day protected period.
Practical note
Employers proposing to dismiss 20 or more employees as redundant within 90 days must ensure employee representatives are properly elected and then engage in meaningful collective consultation, or face a protective award of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 8000771/2025
- Decision date
- 19 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No