Claimant v Valve Components Ltd (In Administration)
Outcome
Individual claims
The respondent dismissed more than 20 employees as redundant within 90 days but failed to ensure employee representatives were elected in accordance with s.188A and failed to consult with them in accordance with s.188 of TULRCA 1992. No response was presented and the tribunal found the complaint well founded under rule 22.
Facts
The respondent, Valve Components Limited, entered administration and made more than 20 employees redundant at its East Kilbride establishment within 90 days, including the claimant on 15 March 2024. The respondent failed to ensure employee representatives were elected and failed to conduct collective consultation as required by law. No response was presented to the claim, and the administrator consented to continuation of proceedings.
Decision
The tribunal issued judgment under rule 22 finding the claim well founded. The respondent breached its statutory duty under sections 188 and 188A of TULRCA 1992 by failing to elect employee representatives and consult with them. A protective award of 90 days remuneration was made beginning 15 March 2024.
Practical note
Employers in administration remain liable for failure to comply with collective consultation obligations when making 20 or more redundancies, and protective awards of the maximum 90 days will be made where there is complete failure to elect representatives or consult.
Legal authorities cited
Statutes
Case details
- Case number
- 8000425/2024
- Decision date
- 2 April 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No