Claimant v Regency (Ayrshire) Limited (In Liquidation)
Outcome
Individual claims
The respondent dismissed 20 or more employees as redundant within 90 days and failed to ensure employee representatives were elected in accordance with section 188A TULRCA or to consult with them as required by section 188 TULRCA. No response was presented by the respondent within the time limit.
Facts
Regency (Ayrshire) Limited, a company in liquidation, dismissed 20 or more employees as redundant from its Prestwick establishment within a 90-day period beginning 15 August 2024. The company failed to arrange for the election of employee representatives and failed to carry out consultation as required by sections 188 and 188A of TULRCA. The company did not respond to the claims brought by 46 former employees.
Decision
The tribunal issued judgment under Rule 22 without a hearing, finding the claims well-founded. The respondent had breached its duty to consult collectively before making redundancies. A protective award of 90 days was made to all claimants.
Practical note
Where an employer in liquidation makes collective redundancies without electing employee representatives or consulting, tribunals will make a protective award of up to 90 days under Rule 21/22 even in the absence of a contested hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 4107198/2024
- Decision date
- 16 January 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No