Case number: 4103363/2020 EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4103363/2020 and Others (As per attached sheet) Held in Glasgow on January 2021 Ms Janice Calder and others per the attached sheet v McKay Flooring Limited (in liquidation) — 2021

The respondent presented no response and was in creditors’ voluntary liquidation. The claimants brought a protective award claim arising from dismissals on 22 April 2020, saying that more than 20 employees were dismissed as redundant at the business unit to which they were assigned, with no consultation and no election of employee representatives. The tribunal recorded that the proceedings were served on the respondent and the claimant’s submissions were also provided to the liquidator for comment.

The tribunal held that the collective consultation provisions were engaged. It was satisfied that there was one establishment, that 20 or more employees were proposed to be dismissed as redundant within 90 days, and that the claimants were affected employees. It found that the respondent failed to comply with section 188 and section 188A of the 1992 Act because no consultation took place with any elected representative and no steps were taken to elect representatives.

Applying section 189(4) and the approach in Susie Radin Ltd v GMB and others, the tribunal concluded that it was just and equitable to make a protective award for the maximum period. It fixed the protected period at 90 days from 22 April 2020, the date of the first dismissal, because there was no mitigation or explanation for the failure. The judgment also states that the Employment Protection (Recoupment of Benefit) Regulations 1996 apply to the award.