ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102577/2024 Held on June 2024 by CVP Employment Judge N M Hosie Ms E Ferrier v Represented by: Ms S Shiels - Solicitor Secretary of State for Business and Trade — 2024

Ms Ferrier had an earlier insolvency-related judgment against Hendrie Legal Limited which had awarded a 90-day Protective Award and other sums. In these proceedings against the Secretary of State for Business and Trade, the unpaid wages, breach of contract and holiday pay elements had already been paid, so the only issue was payment of the Protective Award. The tribunal noted that the commencement date for the protected period should have been 28 March 2023, the effective date of termination, rather than 28 December 2022.

The tribunal found that Ms Ferrier was eligible to bring the claim and that Hendrie Legal had failed completely to consult her before dismissal. It found that more than 20 employees worked at the registered office, that there was no recognised trade union or elected employee representatives, and that there was no evidence of special circumstances under s.188(7) TULRCA 1992 making consultation not reasonably practicable. Applying the approach in Susie Radin Ltd v GMB and others, the tribunal held there were no mitigating circumstances to reduce the maximum period.

Using a monthly salary of £1,958.33 and a weekly rate of £451.92, the tribunal calculated the Protective Award at £5,874.96, rounded up to £5,875. It recorded that the award was subject to the statutory limit in s.184(1)(a) ERA 1996 and that there was no recoupment because Ms Ferrier had not received benefits after dismissal.