Claimant v Connect Modular Ltd (In Administration)
Outcome
Individual claims
The tribunal found the respondent dismissed more than 20 employees as redundant within 90 days 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. A protective award was made for the full 90-day period.
Facts
29 claimants were dismissed as redundant by Connect Modular Ltd from their establishment at Caponacre Industrial Estate, Cumnock on or around 6 January 2025. The respondent was in administration but consented to continuation of proceedings. No response was filed. The respondent dismissed more than 20 employees within 90 days and failed to comply with the statutory duty to elect employee representatives and consult them before dismissing employees as redundant.
Decision
The tribunal issued judgment under Rule 22 on the available material without a hearing. It found the claim well-founded, that the respondent breached sections 188 and 188A TULRCA 1992 by failing to elect employee representatives and consult. A protective award of 90 days remuneration starting 6 January 2025 was made for all 29 claimants.
Practical note
Employers making 20+ redundancies within 90 days must properly elect employee representatives and collectively consult or face a maximum 90-day protective award even when in administration.
Legal authorities cited
Statutes
Case details
- Case number
- 4100757/2025
- Decision date
- 23 June 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No