Mr M Cunnane v Roadbridge UK Ltd – In Administration — 2022

The tribunal issued a rule 21 judgment on the available material because no response was presented. It recorded that the respondent was in administration, but the administrator consented to the continuation of the proceedings by letter dated 5 May 2022. The judge accepted 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 dismissed as redundant.

The tribunal found the complaint well founded under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. It found that the respondent dismissed as redundant more than 20 employees at one establishment within 90 days or less, but failed to ensure that employee representatives were elected in accordance with section 188A and then to consult with them in accordance with section 188. A protective award was made in respect of employees dismissed as redundant at the Bellshill site, and the protected period began on 16 March 2022 and ran for 90 days.