Mr B Boyle v CMS Enviro Systems Ltd (In Administration) — 2022

The Employment Judge decided the case on the available material under rule 21. The claimant was entitled to bring the complaint because it concerned a failure relating to the election of employee representatives, and he was an employee dismissed as redundant. No response was lodged by the respondent within the applicable time limit, although the administrator consented to the continuation of the proceedings by letter dated 24 November 2022.

The tribunal held that the complaint under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. It found that the respondent dismissed more than 20 employees at one establishment within a period of 90 days or less, but 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.

A protective award was made in respect of the claimants as employees dismissed as redundant at the respondent’s CMS Castlecary workplace in Glasgow. The tribunal ordered the respondent to pay remuneration for the protected period, which began on 5 May 2022 and lasted 90 days. The extracted judgment does not state a single monetary figure for the award.