Claimant v R Realisations 1 Ltd (In Liquidation) (formerly Redeem UK Ltd) — 2022

Craig Russell and Andrew Johnston brought claims against R Realisations 1 Limited (in liquidation, formerly Redeem UK Ltd) after their employment ended on 7 July 2020 following notification on 3 July 2020 that the business had entered administration and that most or all employees were being made redundant. The hearing was remote on 5 May 2022, and the respondent did not appear or defend the claim.

The tribunal first addressed time limits under s.189(5) of the Trade Union and Labour Relations (Consolidation) Act 1992. It accepted that, although the claims were lodged after the three-month period, it was not reasonably practicable for either claimant to present earlier because they reasonably believed an earlier judgment in case 4104254/2020, together with discussions with the then administrator, covered their position. Once they were told in February 2021 that a separate claim was required, they lodged promptly within a further reasonable period.

On the merits, the tribunal found that the respondent was proposing to dismiss more than 20 employees at the Bathgate establishment within 90 days, that there was no recognised trade union and no elected employee representatives, and that no consultation took place. It held that the respondent had failed to comply with ss.188 and 188A, and that the default was such that it was just and equitable to award the maximum protected period of 90 days from the date of the first dismissal.

The tribunal made no financial award in this judgment. It stated that each claimant would need to seek payment of the individual protective award separately, and that the Employment Protection (Recoupment of Benefit) Regulations 1996 applied. The judgment also records that references to redundancy payment and notice pay were not being pursued at the hearing, and the remaining claims were dismissed.