Mr S Maguire v Moffat Electrical Services Limited (in Liquidation) — 2020

No response was presented to the claim, and the respondent was in liquidation. The claimant worked at 96-98 Forrest Street, Airdrie. He was informed on 23 June 2020 that the respondent had entered liquidation and that he was being dismissed by reason of redundancy with immediate effect. More than 20 employees at the establishment were dismissed by reason of redundancy on or around that date, and there was no recognised trade union or representative body in the workplace. The liquidator told the tribunal by email that they did not object to the claim continuing and would not enter the proceedings, so the Employment Judge issued judgment on the available material under Rule 21 of the Employment Tribunal Rules of Procedure 2013.

The tribunal held that the complaint that the respondent failed to comply with its duty to consult under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. It made a protective award for 90 days' pay from 23 June 2020 pursuant to section 189, and ordered the respondent to pay the appropriate remuneration to every employee of a description to which the award relates under section 190.

The tribunal also held that the respondent had made an unauthorised deduction of wages. It ordered the respondent to pay the claimant £1,214.85, using the calculation set out in the judgment: £2,024.75 x 20/100 x 3.