Mr S Shields v And others per attached schedule Allma Construction Limited (In Administration) — 2024

The Employment Judge issued judgment on the available material under rule 21 of the Employment Tribunal Rules of Procedure 2013. 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 because they were employees dismissed as redundant. No response was presented within the applicable time limit. The administrator for the respondent, which was in administration, consented to the continuation of the proceedings in letters dated 12 September 2023, 10 October 2023, 24 October 2023, 30 October 2023, 31 October 2023 and 13 December 2023.

The Tribunal found that the complaint that the respondent failed to comply with sections 188 and 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, and that it failed to ensure that employee representatives were elected in accordance with section 188A and then to consult with them in accordance with section 188.

Under rule 29 of the Employment Tribunal Rules of Procedure, the Tribunal ordered that the claims be considered together. It made a protective award in respect of the claimants in the attached schedule, who worked at the respondent's premises at 28 Muriel Street, Barrhead, Glasgow, G78 1QB and were dismissed as redundant. The protected period begins on 17 August 2023 and lasts for 90 days. The judgment orders payment of remuneration for the protected period but does not state a quantified award figure.