Mr M Batko & Others v Casual Dining Services Ltd (dissolved) — 2021

The judgment was issued under rule 21 on the available material because no response was presented within the applicable time limit. The respondent was in administration, but the administrator consented to the continuation of the proceedings in a letter dated 18 May 2021.

The Tribunal found that the claimants were entitled to bring the claim because the complaint concerned a failure relating to the election of employee representatives and the claimants were employees dismissed as redundant. It found that the respondent dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less.

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

The Tribunal made a protective award in respect of Mrs M Kubiak, Miss M Bercikova, Mr M R Batko, Miss L D Collingridge, Mr C Sokolowski, Mr L S Hawkins, Miss T Matranga and Miss M Kolarovska. The respondent was ordered to pay remuneration for a protected period beginning on 2 July 2020 and lasting 90 days; no monetary total was stated in the judgment.