Mr Jordan Kirk v Central Building Contractors (Glasgow) Ltd and 3 others — 2021

The claimant brought a protective award claim arising from redundancies at Central Building Contractors (Glasgow) Ltd (in administration). No response was presented. The joint administrators confirmed that 149 employees had been dismissed immediately, that there was no recognised trade union or elected representatives, and that no steps were taken to elect representatives or to consult about the dismissals.

The tribunal found that the respondent was proposing to dismiss as redundant 149 employees at one establishment within 90 days and had failed to comply with section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 by failing to elect employee representatives. It also found a breach of section 188(1A), section 188(2) and section 188(4) because no consultation took place and no required information was disclosed. The claimant was an affected employee and was entitled to bring the complaint.

Applying the approach in Susie Radin Ltd v GMB, the tribunal said the focus was on the seriousness of the employer's default. It noted that there had been no consultation at all and no explanation for the failure, and that the explanation that the company could not trade in administration did not account for non-compliance with the consultation requirements.

The tribunal therefore made a protective award and held that it was just and equitable to set the protected period at the maximum of 90 days, running from 29 April 2020, the date of the first dismissal. It also recorded that the Employment Protection (Recoupment of Benefit) Regulations 1996 apply to the award.