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. The respondent failed to ensure that 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
The respondent company, in administration, dismissed more than 20 employees as redundant from its East Kilbride establishment within a 90-day period. The claimant was one of those employees, dismissed on 15 March 2024. The respondent failed to ensure that employee representatives were properly elected under s.188A TULRCA 1992 and consequently failed to consult with representatives as required by s.188. No response was submitted to the claim, but the administrator consented to proceedings continuing.
Decision
The tribunal issued judgment on the papers under Rule 22, finding the failure to inform and consult claim well founded. The tribunal made a protective award for the maximum 90-day period starting 15 March 2024, ordering the respondent to pay the claimant remuneration for that protected period due to the collective consultation failures.
Practical note
Employers in administration remain liable for protective awards where they fail to comply with collective redundancy consultation obligations, even where administrators consent to proceedings and no defence is filed.
Legal authorities cited
Statutes
Case details
- Case number
- 8000809/2024
- Decision date
- 14 March 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No