Claimant v Beyard Services Limited (In Liquidation)
Outcome
Individual claims
The tribunal found that the respondent dismissed as redundant more than 20 employees at one establishment within 90 days and failed to ensure that 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 judgment was issued under Rule 21.
Facts
Beyard Services Limited made more than 20 employees redundant from their Paisley establishment within a 90-day period beginning 22 March 2024. The respondent failed to arrange for the election of employee representatives as required by statute and therefore failed to carry out collective consultation. The respondent went into compulsory liquidation and did not defend the claims. The court granted permission for proceedings to continue on 27 January 2025.
Decision
The tribunal issued judgment under Rule 21 (no response presented) finding the failure to inform and consult claim well-founded. A protective award of 90 days remuneration was made in favour of the affected employees, with the protected period beginning 22 March 2024.
Practical note
Employers must ensure proper election of employee representatives and undertake collective consultation when making 20 or more redundancies within 90 days, even when facing insolvency, or face maximum protective awards.
Legal authorities cited
Statutes
Case details
- Case number
- 4105839/2024
- Decision date
- 29 January 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No