Claimant v Valve Components Ltd (In Administration)
Outcome
Individual claims
The respondent dismissed more than 20 employees as redundant at one establishment 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. The tribunal found the complaint well founded.
Facts
Mrs Thompson was one of more than 20 employees dismissed as redundant by Valve Components Ltd at its East Kilbride establishment on or around 22 March 2024. The respondent entered administration. No response was presented to the claim. The administrator consented to continuation of proceedings.
Decision
The tribunal found the respondent failed to comply with statutory collective consultation requirements under sections 188 and 188A of TULRCA 1992 by failing to ensure employee representatives were properly elected and consulted. A protective award of 90 days remuneration was made starting 22 March 2024.
Practical note
Employers dismissing 20 or more employees as redundant must properly elect employee representatives and consult with them; 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
- 4104969/2024
- Decision date
- 1 April 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No