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 90 days and failed to ensure employee representatives were elected in accordance with s.188A TULCRA, and failed to consult with them in accordance with s.188 TULCRA. The respondent did not appear to defend the claim and the tribunal found the complaint well founded.
Facts
The claimant was dismissed as redundant on 15 March 2024 from the respondent's establishment in East Kilbride. The respondent, which was in administration, proposed to dismiss more than 20 employees as redundant within a 90-day period. The respondent failed to ensure employee representatives were elected and failed to consult with employees in accordance with statutory requirements. The respondent did not appear at the hearing.
Decision
The tribunal extended the time limit for the claim and found that the respondent failed to comply with its statutory duties under s.188 and s.188A TULCRA. The tribunal made a protective award of 90 days remuneration beginning 15 March 2024 in favour of the claimant.
Practical note
Employers in administration remain liable for protective awards when they fail to properly inform and consult on collective redundancies, and default judgments will be granted where they fail to participate in proceedings.
Legal authorities cited
Statutes
Case details
- Case number
- 8000471/2025
- Decision date
- 18 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No