EMPLOYMENT TRIBUNALS (SCOTLAND) Case Nos: 4100727/2022; 4111894/2021; 4100731/2022 and 4111898/2021 Employment Judge: M A Macleod Mr Colin Robb v The People’s Energy Company Limited and 1 other — 2024

The claimants were employed by The People’s Energy Company Limited, which entered administration on 24 September 2021. The tribunal recorded that the claimants were dismissed by reason of redundancy within the same 90-day period, with the first dismissal taking effect on 28 September 2021. The employing entity at all material times was the first respondent, and the judgment disposed of the claims against both respondents.

The tribunal found that the first respondent had informed the claimants of the need for redundancies, appointed employee representatives and consulted with those representatives, but was unable to inform and consult the claimants to the full extent required by sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 because of the supplier of last resort process. The claimants brought a complaint under section 189 of the Act seeking a protective award, and the tribunal held that their claims were well founded and succeeded.

The protected period was fixed at 8 weeks, and each claimant was entitled to remuneration for that period. The tribunal also directed that the protective award payments were not to be an expense of the administration and were instead to rank and be distributed in due course in accordance with the Insolvency Act 1986 and the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018. No order as to expenses was made.