Mr Mark McLeod v (and others whose names and addresses appear in the attached schedule) Gibson Direct Ltd (in liquidation) and 1 other — 2022

This was a Rule 21 judgment issued on the available material. The first respondent did not present a response within the time limit, and the liquidators later confirmed in writing that they did not contest the claim and consented to judgment. The tribunal held that each claimant was entitled to bring the claim because it concerned, in part, a failure relating to the election of employee representatives, and alternatively because the claimants were employees dismissed as redundant.

The tribunal found the complaint well founded. It held that the first respondent dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less, that there was no recognised trade union or other appropriate employee representatives, and that the respondent failed to ensure that 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.

A protective award was made in respect of each claimant. The protected period was stated to begin on 31 October 2021 and to last for 90 days. The respondent was ordered to pay the relevant sums to each claimant, but the extracted judgment text does not give a monetary breakdown or a total figure.