Claimant v Valve Components Ltd (In Administration)
Outcome
Individual claims
The tribunal found the respondent proposed to dismiss as redundant more than 20 employees at one establishment within 90 days. The respondent failed to ensure employee representatives were elected in accordance with s.188A and failed to consult with them in accordance with s.188 TULCRA 1992.
Facts
The respondent, Valve Components Limited, entered administration and proposed to dismiss more than 20 employees as redundant at its East Kilbride establishment within 90 days. The company failed to ensure employee representatives were elected and failed to conduct collective consultation as required by law. The claimant was one of the employees affected by the redundancy. The respondent did not participate in the tribunal proceedings.
Decision
The tribunal upheld the claim for failure to inform and consult under sections 188 and 188A of TULCRA 1992. The tribunal extended the time limit under section 189(5) and made a protective award of 90 days beginning 15 March 2024, ordering the respondent to pay remuneration for the protected period.
Practical note
Employers proposing to make 20 or more redundancies must comply with collective consultation requirements including ensuring proper election of employee representatives, and failure to do so will result in a protective award of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 8000617/2025
- Decision date
- 18 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No