Mr E Burke Mr J Litten Mr C Haworth Mr W Arrowsmith Mr M Smith Mr J Wrigley Mr D McCord v Construction Partnership UK Ltd (in administration) and 1 other — 2021

The claimants were employed by Construction Partnership UK Ltd, which entered administration on 24 April 2020. All claimants were dismissed with immediate effect on 30 April 2020, when around 90 employees based at Chadwick House in Skelmersdale were made redundant. There was no recognised trade union and no existing employee representatives.

The Tribunal found that Mr McCord's claim was presented two days outside the primary time limit. It concluded that it had been reasonably practicable for him to present the claim in time, so the Tribunal had no jurisdiction to consider his complaint.

For the remaining claimants, the Tribunal found that they had standing to bring the complaints because there were no trade union or employee representatives and the employer had failed to arrange elections for employee representatives. The duty to consult under section 188 was triggered because the first respondent proposed to dismiss 20 or more employees as redundant at one establishment within 90 days or less. The Tribunal found a complete failure to comply with section 188 and made a protective award of 90 days' remuneration from 30 April 2020 for the claimants other than Mr McCord.