Mr Graham Gates v PSL 2020 Limited, in administration (formerly Principle Spira Limited) and 1 other — 2020

The tribunal entered a Rule 21 judgment against the first respondent because it had not responded to the claim. The claimant confirmed that he worked in a non-unionised workforce, that there was no consultation with employee representatives, and that about 75 employees at his establishment were made redundant on 7 May 2020.

The tribunal found that the first respondent had failed to organise the election of employee representatives and consult with them in accordance with sections 188 and 188A of TULRCA. The claimant's complaint under section 189 was well founded, and the first respondent was ordered to pay a protective award consisting of remuneration for the protected period.

The protected period was set at the maximum of 90 days from 7 May 2020. The tribunal referred to Susie Radin Ltd v GMB as supporting that approach where there has been no consultation, and noted that no mitigating circumstances had been put forward. The proceedings against the second respondent were stayed on the basis that it was assumed to pay the appropriate amount under Part XII of the Employment Rights Act 1996 if required.