E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 2407060/2021 (V)5 Held at Aberdeen on November 2022 Employment Judge J M Hendry Miss M Grandison v Peacocks Stores Limited (In Administration) st — 2022

Miss Grandison was employed by Peacocks Stores Ltd as store manager from 28 March 1998 until her employment was terminated without notice, with effect from 12 February 2021. The first respondent went into administration on 26 November 2020. The tribunal found that she was on furlough, was asked out of the blue to come into the store and clear stock, and was not told what was likely to happen to her employment. There was no meaningful consultation with her or other staff about the proposed redundancies, and the tribunal found that the first respondent had made more than 20 staff redundant on the date of her dismissal or within the preceding 30 days.

Applying s.188 and s.188(7) of the Trade Union and Labour Relations (Consolidation) Act 1992, and citing Clarks of Hove Ltd v Bakers' Union and Susie Radin Ltd v GMB & Others, the tribunal held that there were no special circumstances making it not reasonably practicable to consult. It found a complete failure to comply with the consultation duty, made a declaration under s.189(2), and decided that it was just and equitable to award the maximum protective award period because the claimant had had no opportunity to propose alternatives or mitigation.

The judgment therefore upheld the protective award claim and ordered a protective award of 90 days' remuneration beginning 12 February 2022 as written in the judgment. The Secretary of State had consented to the proceedings by letter and was not represented at the hearing, while the first respondent was in administration.