Mr A Laverie st v Lloyd Fraser Primary Logistics Limited — 2023

This was a rule 21 judgment in the absence of a response. The tribunal recorded that the respondent was in administration, but the administrator consented to the proceedings continuing by letter dated 1 February 2024. It also found that the remaining claimants had standing to bring the claim because it concerned a failure relating to the election of employee representatives, and the claimants were employees dismissed as redundant. Their employment terminated on 22 September 2023, ACAS early conciliation was started on 20 December 2023, and the ET1 was received on 21 January 2024.

The tribunal found the complaint under section 188 or section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 to be well founded. It found that the respondent dismissed more than 20 employees as redundant at one establishment within a period of 90 days or less beginning on 22 September 2023, but 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 made a protective award in respect of employees dismissed as redundant at the Dumfries Enterprise Park establishment and ordered the respondent to pay remuneration for the protected period, which began on 22 September 2023 and lasted 90 days.