J Kennedy v (and Others per attached schedule) Merchant Homes Partnerships Limited (In Liquidation) — 2025

The Employment Judge issued judgment on the available material under rule 22 because no response was presented within the applicable time limit. The respondent was in compulsory liquidation, but the relevant court had granted permission for the continuation of the proceedings on 30 January 2025.

The tribunal found that the complaint that the respondent failed to comply with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. It accepted that the respondent had dismissed more than 20 employees as redundant at one establishment within a period of 90 days or less, and that the claimants were entitled to bring the claim because it concerned a failure relating to the election of employee representatives and involved employees dismissed as redundant.

The tribunal found that the respondent failed to ensure that employee representatives were elected in accordance with section 188A and then to consult with them in accordance with section 188. It therefore made a protective award in respect of the claimants listed in the attached schedule who were dismissed as redundant from the respondent’s establishment at 365 Govan Road, Glasgow, G51 2SE. The protected period was stated to begin on 9 January 2024 and last for 90 days, with remuneration ordered for that protected period.