Mr D Corrigan and others (per attached schedule) v Viva Brazil Restaurants Limited (In Administration) — 2025

The Employment Judge issued the judgment on the available material under Rule 22 because no response was presented within the applicable time limit. The respondent was in administration, but the administrators consented to the continuation of the proceedings on 25 June 2024. The Tribunal accepted that the claimants were entitled to bring the claim because it concerned a failure relating to the election of employee representatives and they had been dismissed as redundant, with no recognised trade union for collective bargaining purposes.

The Tribunal found the complaint well founded. It held that the respondent had dismissed more than 20 employees as redundant at one establishment within a period of 90 days or less, had failed to ensure that employee representatives were elected in accordance with section 188A, and then failed to consult with them in accordance with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.

A protective award was therefore made in respect of employees dismissed as redundant at the respondent's site at 87-91 Bothwell Street, Glasgow, G2 7HX. The judgment states that the respondent is ordered to pay remuneration for the protected period. The protected period begins on 07 February 2024 and lasts for 90 days.