Mr D Wylie v Yes Recycling (Fife) Ltd — 2023

This was a Rule 21 judgment issued on the available material by Employment Judge M Robison. The tribunal recorded that no response had been presented within the applicable time limit, that the respondent was in administration, and that the administrator had consented to the continuation of the proceedings by letter dated 16 October 2023. The claimant was found entitled to bring the claim because it concerned a failure relating to the election of employee representatives, and he was an employee dismissed as redundant.

The tribunal found that the respondent dismissed more than 20 employees as redundant at one establishment within 90 days or less. It further found that the respondent 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 of the Trade Union and Labour Relations (Consolidation) Act 1992. The complaint under sections 188 and 188A was therefore well founded.

The tribunal made a protective award in respect of employees dismissed at the respondent’s workplace at Lomond House, Whitehill Industrial Estate, Glenrothes, Fife, KY6 2QZ, and ordered the respondent to pay remuneration for the protected period. The protected period was stated to begin on 2 June 2023 and to last for 90 days. The extracted text does not state a monetary figure for the award.