Claimant v MSB Admiral Ardoe Ltd — 2021

The tribunal determined the case on the available material under Rule 21 of the Employment Tribunal Rules of Procedure 2013 because no response was presented within the applicable time limit. It noted that the respondent was in creditors voluntary liquidation and that no permission for the continuation of the proceedings was necessary. The tribunal also held that the claimant was entitled to bring the claim because it concerned a failure relating to the election of employee representatives and the claimants had been dismissed as redundant.

On the facts before it, the tribunal found that the respondent had dismissed more than 20 employees at one establishment within a period of 90 days or less. It found that the respondent failed to ensure that employee representatives were elected in accordance with section 188A and then failed to consult with them in accordance with section 188.

The tribunal therefore found the complaint well founded and made a protective award in respect of the claimants, all of whom had been dismissed as redundant. It ordered the respondent to pay remuneration for the protected period, which began on 22 November 2020 having regard to section 189(4)(a), and lasted for 90 days.