Mr G Smith v Per attached schedule Ready Retirement Ltd (In Administration/Liquidation) — 2022

The tribunal heard 52 linked claims against Ready4Retirement Ltd (In Administration/Liquidation) and the Secretary of State. The first respondent, a company involved in funeral planning arrangements, did not present a response. The second respondent acted as statutory guarantor and made written submissions on eligibility and the protective award issue. The claimants worked at the respondent's premises at 2 Forbes Drive, Ayr. On or around 5 May 2022 they were told that liquidators were being appointed and that the business would cease trading imminently. Administrators were appointed on 9 May 2022, and the claimants were then advised that their employment was terminated by reason of redundancy. The tribunal found that no consultation or notice had been given before dismissal.

The tribunal held that the complaint that the first respondent failed to comply with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. It found that there was no recognised trade union and no other representative body with authority to consult on behalf of employees, that more than 20 employees were dismissed by reason of redundancy within a 90-day period, and that all the employees were based at the same establishment. It therefore made a protective award for 90 days beginning on 9 May 2022 under section 189(2) and ordered payment of the appropriate remuneration under section 190. The judgment does not quantify a monetary amount for the award.