Mr M Tumblety v Ivanhoe Caledonian Printing Company Limited (in Liquidation) — 2023

The Employment Judge issued judgment under Rule 21 on the available material because no response had been presented within the applicable time limit. The respondent was in compulsory liquidation, but the relevant court had granted permission for the continuation of the proceedings on 28 March 2023. The judge accepted that the claimant could bring the complaint because it concerned a failure relating to the election of employee representatives and the claimant had been dismissed as redundant.

The tribunal held that the complaint that the respondent failed to comply with section 188 and section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded. It found that the respondent had dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less, had 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 tribunal therefore made a protective award in respect of the claimant as an employee dismissed as redundant at the respondent's Riverside Works, Eskmills, Musselburgh premises.

The judgment states that the protected period began on 1 August 2022 and lasted for 90 days. The extract does not state a monetary sum for the award, so no total figure is recorded here.