Mr J Partington v Mr J McCulloch Mr A Modrate Not present Mr D McWhirter Mr H Dickson Miss H Alexander Miss L McCulloch Mr N MacMillan Mr W Farroll Mr M McKie Mr M Bryant Miss E Williams Mr A Gorst Mr M Croucher Not present Mrs G Morgan Border Cars Group Ltd (in Administration) — 2019

The tribunal heard the case at Stranraer on 7 January 2020. All claimants except Mr Modrate and Mr Croucher gave evidence; the tribunal accepted the evidence as credible and reliable. The respondent was in administration, no ET3 had been lodged, and the administrator had consented to the proceedings. There was no recognised trade union and no elected employee representatives. Because there were more than 20 employees at the Stranraer outlet, the tribunal did not need to decide whether it was a separate establishment for the purposes of section 188 of the 1992 Act.

The tribunal found that on 5 July 2019 the respondent emailed employees saying there were cash flow issues but that trading was continuing and no administration had taken place. There was then no discussion with employees about redundancies or termination, either before that email or afterwards. On the dates listed in the appendix, each claimant later received an email after working hours stating that he or she was redundant from 6 pm that evening. The tribunal found that no consultation took place, no employee representatives were elected or appointed, and the requirements of section 188 were not met.