Case 1801165/2025 · Employment Tribunal
Mr T Mulkeen and 2 others (1801165/2025) Mr A Simpson and 40 others (1801168/2025) First v Elev8 Access Platforms Limited (in Administration) Second Respondent: Secretary of State for Business and Trade Heard: by Cloud Video Platform — 2026
- Case reference
- 1801165/2025
- Decision date
- 24 March 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ayre Representation
Parties
2 namedClaimant
Mr T Mulkeen and 2 others (1801165/2025) Mr A Simpson and 40 others (1801168/2025) First
Key findings
Tribunal's reasoningThe claimants brought claims for protective awards after being made redundant by the First Respondent. The tribunal found that all claimants were employed by the First Respondent and worked or were based at its Clay Street site, where more than twenty employees were made redundant within a ninety day period beginning on 5 December 2024.
The tribunal found there was no recognised trade union and no elected employee representatives at that establishment. The First Respondent did not invite employees to elect representatives and there was no consultation before the redundancies took effect.
The tribunal concluded that the First Respondent failed to organise the election of employee representatives and failed to consult in accordance with sections 188 and 188A of TULRCA 1992. The complaints under section 189 were well founded, and the First Respondent was ordered to pay each claimant remuneration for a protected period of 90 days beginning on 5 December 2024.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim for failure to collectively inform and consult in relation to redundancies under sections 188, 188A and 189 of TULRCA 1992. The judgment orders 90 days' remuneration but does not state a monetary amount. | Upheld | — | — |
Legal tests applied
3 references- sections 188 and 188A Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- Employment Protection (Recoupment of Benefits) Regulations 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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