Mrs E Connor v Tots Bots Limited (In Liquidation) — 2024

The Employment Judge issued judgment on the available material under rule 21 of the Employment Tribunal Rules of Procedure 2013. No response had been presented. The respondent was in compulsory liquidation, but the relevant court had granted permission for these proceedings to continue on 03 December 2024.

The tribunal held that the claimant was entitled to bring the claim because it concerned a failure relating to the election of employee representatives, and the claimant had been an employee dismissed as redundant. The judgment records that there was no recognised trade union for the purposes of collective bargaining.

The complaint that the respondent failed to comply with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was found to be well founded. The tribunal found that the respondent had dismissed as redundant more than 20 employees at one establishment within 90 days or less, and that it failed both to ensure employee representatives were elected in accordance with section 188A and to consult with them in accordance with section 188.

A protective award was made in respect of employees dismissed as redundant by the respondent at its site at 259 Summerlee Street, Queenslie Industrial Estate, Glasgow, G33 4DB. The judgment states that the protected period began on 10 November 2023 and lasted for 90 days, with remuneration ordered for that protected period. No monetary figure for the award is stated in the extracted judgment text.