Mr N G Troy and others (per attached schedule) v Javacrest Limited (In Liquidation) — 2024

The tribunal issued a Rule 21 judgment on the papers because no response was presented within the applicable time limit. It found 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 respondent was in creditors’ voluntary liquidation.

The tribunal held that the complaint that the respondent failed to comply with section 188 or section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was well-founded. It found that the respondent had proposed to dismiss more than 20 employees as redundant 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 TULRCA 1992 and then to consult with them in accordance with section 188 of that Act. Because there was no response, no special circumstances defence was put forward under section 188(7), and no basis was put forward for shortening the protected period.

The tribunal therefore made a protective award in respect of the employees dismissed as redundant at the respondent’s establishment at The 13th Note, 50-60 King Street, Glasgow, G1 5QT. The protected period began on 19 July 2023 and lasted for 90 days. The extracted text does not state the amount of remuneration payable under the award.