Mr G Law and others (as per attached schedule) v Whyte Crane Services Ltd (In Administration) — 2022

On the available material under rule 21, the Employment Judge held that the claimants were entitled to bring the claim because it concerned a failure relating to the election of employee representatives and the claimants were employees dismissed as redundant. No response was presented within the applicable time limit, and although the respondent was in administration, the administrator consented to the continuation of the proceedings by letter dated 28 September 2022.

The Tribunal found the complaint well founded. It found that the respondent dismissed as redundant 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 to consult with them in accordance with section 188.

The Tribunal therefore made a protective award in respect of employees dismissed as redundant at the respondent’s establishment at South Shore Road, Grangemouth, Falkirkshire, FK3 8TQ. The protected period was stated to begin on 26 August 2022 and to last for 90 days. The extracted judgment does not state a monetary sum for the award.