Claimant v MJ Ventilation Ltd (in liquidation) — 2021

The final hearing on 21 September 2021 concerned the protective award claims only. The respondent, which was in liquidation, did not present an ET3 and was neither present nor represented. Mr Bisset gave evidence on behalf of the claimants, and the tribunal accepted his evidence as reliable and credible. The claim form had initially sought unfair dismissal, a protective award, statutory redundancy payment, notice pay, holiday pay and arrears of pay, but those other claims remained sisted.

The tribunal found that the claimants were employed by the respondent and were dismissed by reason of redundancy on 25 October 2019. Around 81 employees were dismissed on that date. The respondent operated from Candlehouse Lane, Coupar Angus, Blairgowrie, together with two smaller nearby manufacturing sites. Applying the evidence about management, staffing, and the way work was organised, the tribunal held that the three sites formed one establishment for the purposes of section 188(1) of the 1992 Act.

On that basis, the respondent was required to consult about the proposed collective redundancies. The tribunal found that there was no recognised trade union, no election or appointment of employee representatives, and no consultation with the claimants before dismissal. It therefore concluded that the requirements of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 were not complied with.

The tribunal accepted the submission that, in the absence of consultation, the starting point was the maximum 90-day protective award, and it found that there were no special circumstances justifying any reduction. It referred to Susie Radin Ltd v GMB & others and Clarks of Hove Ltd v Bakers' Union, and made a protective award for the period from 25 October 2019 to 22 January 2020. The judgment states that the respondent is ordered to pay remuneration to each claimant for that protected period, but the extracted text does not set out the individual sums.