Mr D Robertson v The Floor Room Limited (in Administration) — 2024

This was a judgment by consent under Rule 62 of the Employment Tribunal Procedure Rules 2024. The tribunal made a protective award under section 189(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of each person listed in the Schedule, namely D Robertson, S Robertson and S Gregor, all of whom were employed by the respondent as In-Home Consultants and were dismissed as redundant on 9 August 2024.

The tribunal fixed the protected period at 70 days beginning with the date on which the first of the dismissals at the establishment took effect, described in the Schedule as 9 August 2024. The judgment states that it is restricted to the matters within the tribunal’s jurisdiction and applies only to the individuals in the Schedule; no other claimant in the proceedings, and no other former employee not within the Schedule, is entitled to participate in the award by reason of the judgment.

The reasons record that the parties were also agreed on the practical steps to follow after judgment. Dallas McMillan LLP was to write to the scheduled claimants within 28 days to confirm the protective award and the process for claiming sums due, including the process for any application to the Redundancy Payments Service. Any part of the award not paid by the RPS would rank as an unsecured creditor claim in the respondent’s administration, and the parties agreed not to make any costs applications arising from the judgment.