Mr E Harper & 25 others (see attached schedule) v BJS Yorkshire Ltd (in Creditors Voluntary Liquidation) and 1 other — 2019

The tribunal entered a Rule 21 judgment against the first respondent. It found that the claimants worked in a single establishment, that there was no relevant recognised trade union there, and that the first respondent failed to organise the election of employee representatives or consult with them under sections 188 and 188A of TULRCA before the claimants were made redundant on 9 November 2018. The judgment states that there was no consultation whatsoever, so the section 189 complaints were well-founded.

The tribunal set the protected period at 90 days beginning on 9 November 2018 and ordered the first respondent to pay each claimant a protective award consisting of remuneration for that protected period. Employment Judge Camp explained that, applying Susie Radin Ltd v GMB, where there has been no consultation the proper approach is to start with the maximum 90-day period and reduce it only if mitigating circumstances justify doing so. No mitigating factors had been put forward by or on behalf of the first respondent, which had indicated it did not intend actively to participate in the proceedings.

The judgment did not determine specific monetary awards. It ordered each claimant to provide written details of their remuneration for the protected period so that judgments for specific amounts could potentially be given.