L Ritchie v And others set out in the attached schedule Foodmek Limited (In Liquidation) — 2024

The Employment Judge determined the matter under Rule 21 on the available material because no response had been presented within time and the respondent was in liquidation. The judgment records that a provisional liquidator was appointed on 10 October 2023, that the respondent was wound up on 28 October 2023, and that the liquidator consented to the continuation of the proceedings.

The tribunal held that the claimants were entitled to bring the complaint because it concerned a failure relating to the election of employee representatives, and the claimants were employees dismissed as redundant. It found that there was no recognised trade union involved. The judge also recorded leave from Dundee Sheriff Court under section 130(2) of the Insolvency Act 1986 and treated that consent as applicable to all claimants.

On the merits, the tribunal found that the respondent dismissed 20 or more employees at one establishment within a period of 90 days or less, that the dismissals took place on 9 October 2023, and that the respondent failed to ensure employee representatives were elected in accordance with section 188A and then consulted in accordance with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The complaint of failure to comply with section 188 was therefore well founded.

The tribunal made a protective award in respect of the claimants. It ordered the respondent to pay remuneration for the protected period, which began on 9 October 2023 and lasted for 90 days. The judgment does not state a separate monetary figure for the award.