Miss G Litster v Eclipse Genetic Limiter (in Administration) — 2023

Miss G Litster was entitled to bring the section 188 complaint because it concerned a failure relating to the election of employee representatives, and she was an employee dismissed as redundant on 1 August 2022. The respondent was in administration, but the joint administrators consented to the continuation of the proceedings by letter dated 19 January 2023. No response was lodged within the applicable time limit.

At the hearing, the claimant withdrew the claims for unauthorised deduction from wages, failure to pay a redundancy payment, and failure to pay notice pay. Those claims were dismissed under rule 52. The tribunal also allowed the claimant's amendment to add the factual basis for the section 188 complaint.

The tribunal found that the respondent dismissed as redundant more than 20 employees at one establishment within a period of 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. The complaint was therefore well founded.

A protective award was made in respect of employees working at unit 1, Langlands Place, East Kilbride, who were dismissed or proposed to be dismissed on 9 May 2022. The protected period begins on 9 May 2022 and lasts for 90 days. The extracted judgment states that the respondent is ordered to pay remuneration for that protected period, but it does not set out a numerical amount.