Mr A Molloy and others v Braisby Roofing Ltd (In Liquidation) and Secretary of State for Business, Energy and Industrial Strategy

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103327/2022 and others (see schedule) Held in Glasgow on 9 June 2023 5 Employment Judge S MacLean Mr Alan Molloy and others Claimants Represented by: Mr P Kissen - Solicitor 10 Braisby Roofing Limited (inLiquidation) First Respondent No appearance and No representation 15 Secretary of State for Business, Energy & Second Respondent Industrial Strategy No...

25 JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal isthat the claims are sisted toallow the claimants toseek the consent of the court forthe present proceedings under section 130(2) of the Insolvency Act 1986.

REASONS 30 Introduction

1. This was apreliminary hearing toconsider whether the permission of the court dealing with the liquidationproceedings is required forthe claims before the Tribunal to proceed with the liquidator of a respondent company in compulsory confirmation who has confirmed their intention not to resist the 35 claims. 4103327/2022 Page 2 Background

2. On 17 June 2022, the claimants sent to the Tribunal claims fora protective award u nder section 189 of the Trade Union and Labour Relations Consolid ation Act 1992 . 5 3. On 6 July 2022, the Sheriff Court at Dunfermline (the Court) ordered that the firsrespondent be placed into compulsory liquidation.