Ms A Reynolds And [40] others Hotelfone Limited (in Liquidation) c/o Begbies Traynor Ltd The Secretary of State for Business and Trade v Represented by: Mr W Bolling Solicitor — 2025

The first respondent, Hotelfone Limited (in liquidation), employed 41 employees at its Bridge of Weir site. The claimants were dismissed as redundant on 13 March 2025, when joint liquidators were appointed and the business ceased trading. The tribunal found there was no recognised trade union or other representative body in the workplace, and that the first respondent did not carry out any meaningful consultation with the claimants about the redundancies or the election of employee representatives.

The tribunal accepted the first claimant's evidence as credible and reliable. It found that more than 20 employees were dismissed at one establishment within a period of 90 days or less, that the first respondent failed to ensure the election of employee representatives as required by section 188A, and that there were no special circumstances making such elections not reasonably practicable. The complaint under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was therefore well founded.

A protective award was made under section 189 of the 1992 Act for 90 days' pay, effective from 13 March 2025, covering all employees dismissed as redundant at the first respondent's only establishment. The tribunal also ordered payment of the appropriate remuneration for that protective period under section 190 of the Act.