Mr J Cavanagh & others v McGill Facilities Management Limited (In Administration) — 2023

This was a Rule 21 judgment issued on the available material. No response was presented within the applicable time limit, and the administrator consented to the continuation of the proceedings by email dated 7 December 2022. The tribunal 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.

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 held that the respondent failed to ensure that employee representatives were elected in accordance with s.188A and then to consult with them in accordance with s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The complaint that the respondent failed to comply with s.188 was therefore well founded.

The tribunal made a protective award in respect of the employees dismissed as redundant by the respondent at its Harrison Road, Dundee site. The protected period begins on 25 August 2022 and lasts for 90 days. The extracted text does not state the amount of remuneration ordered for the protected period.