Claimant v Viva Brazil Restaurants Limited (In Administration)
Outcome
Individual claims
The tribunal found the respondent dismissed more than 20 employees as redundant at one establishment within 90 days without ensuring employee representatives were elected in accordance with s.188A TULRCA 1992, and without consulting with them in accordance with s.188. There was no recognised trade union. The complaint was well-founded and the tribunal made a protective award for the maximum period of 90 days.
Facts
Fifteen employees of Viva Brazil Restaurants Limited were dismissed as redundant on or around 7 February 2024 from the Glasgow restaurant at 87-91 Bothwell Street. The respondent dismissed more than 20 employees at the establishment within 90 days. The respondent was in administration and did not respond to the claims, though administrators consented to proceedings continuing on 25 June 2024. There was no recognised trade union and the respondent failed to ensure employee representatives were elected or to conduct collective consultation.
Decision
The tribunal issued a rule 22 judgment on the papers without a hearing as no response was presented. The tribunal found the complaint of failure to comply with s.188 and s.188A TULRCA 1992 was well-founded. The tribunal made a protective award for the maximum period of 90 days beginning 7 February 2024, ordering the respondent to pay remuneration for this protected period.
Practical note
Employers in administration making 20+ redundancies must still comply with collective consultation obligations or face maximum protective awards of 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 4105576/2024
- Decision date
- 14 February 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No