EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4106430/2024 & Others (per attached schedule) Employment Judge d’Inverno Mr D Wells & Others (per attached schedule) v Charles Henshaw & Sons Limited — 2024

The tribunal determined the case on the available material under rule 21 of the Employment Tribunal Rules of Procedure 2013 because no response was lodged within time. The respondent was in administration, but the administrator consented to the continuation of the proceedings by letter dated 15 August 2024. The tribunal was satisfied that the claimants could bring the complaint because it concerned a failure relating to the election of employee representatives and they were employees dismissed as redundant.

On the merits, the tribunal found that the respondent dismissed more than 20 employees at one establishment within a period of 90 days or less. It held that the respondent failed to ensure that employee representatives were elected in accordance with s.188A of the Trade Union and Labour Relations (Consolidation) Act 1992 and then failed to consult with them in accordance with s.188. The complaint that the respondent failed to comply with s.188 was therefore well founded.

The tribunal made a protective award in respect of employees dismissed as redundant at the respondent’s establishment at 24 Russell Road, Edinburgh, Midlothian, EH11 2LS. The protected period was fixed at 90 days beginning on 12 July 2024, and the judgment ordered payment of remuneration for that protected period. No monetary amount for the award is stated in the extracted text.