J Hendry Mr Marshall Powrie v McGill & Co Ltd — 2019

The claimant, Mr Marshall Powrie, sought a protective award because McGill & Co Ltd did not consult about redundancies before placing the company into administration on 1 February 2019. The tribunal found that he worked at the respondent’s Dundee head office, that more than 20 employees were made redundant at that establishment, and that consultation should have begun in good time before the dismissals took effect. The respondent was unrepresented and did not attend. The tribunal also found there was no recognised independent trade union, no elected or appointed employee representatives, and no special circumstances defence under section 188(7).

Applying sections 188 and 189 of the 1992 Act, and referring to Suzy Radin Ltd v GMB and others [2004] IRLR 400, the tribunal started from the maximum protective period of 90 days. It noted that there had been no consultation at all, so the claimant had no opportunity to propose alternatives or reduce redundancies, and there was no explanation or mitigation put forward for the failure. Finding no mitigating circumstances, the tribunal held it was just and equitable to award the full 90-day protected period commencing on 1 February 2019. The claimant’s pay was recorded as 40 hours per week at £11.50 per hour, and the remuneration figure reflected that protected period.