ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4111771/2021 & Others (All as per Attached Schedule) Employment Judge: M A Macleod Mr L Bruce & Others v (All as per Attached Schedule) The People’s Energy Company Limited — 2022

The tribunal recorded, by consent, that the claimants were employed by the respondent at its Wester Shawfair site and were dismissed by reason of redundancy within the same 90-day period, with the first dismissal taking effect on 28 September 2021. The respondent had informed the claimants of the need for redundancies and appointed employee representatives, but it was unable to inform and consult with the claimants to the full extent required by sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 because of the supplier of last resort process.

On that basis, the claimants brought a complaint under section 189 of the 1992 Act seeking a protective award. The tribunal held that the claims were well founded and succeeded. It fixed the protected period at 8 weeks, with each claimant entitled to remuneration for that period.

The judgment also recorded that the protective award payments were not to be treated as an expense of the administration or paid by the joint administrators, and that entitlement to the payments was to rank and be distributed in due course in accordance with the insolvency legislation and rules. No order as to expenses was made.