R Cross and others (per attached schedule) v GHI Contracts Ltd (In Administration) — 2025

The Employment Judge decided the case on the available material under Rule 22 of the Employment Tribunal Procedure Rules 2024 because no response was presented within the applicable time limit. The respondent was in administration, but the administrators consented to the continuation of the proceedings on 10 February 2025.

The tribunal 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. There was no recognised trade union for collective bargaining purposes. The tribunal also found that the respondent dismissed more than 20 employees at one establishment within a period of 90 days or less.

The complaint that the respondent failed to comply with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was held to be well founded. The tribunal found that the respondent did not ensure that employee representatives were elected in accordance with s.188A and then did not consult with them in accordance with s.188.

A protective award was made in respect of employees dismissed as redundant by the respondent at its site at Rosehall Road, Belgrave Court, Bellshill Industrial Estate, Bellshill, ML4 3NR. The protected period was stated to begin on 27 September 2024 and to run for 90 days, during which the respondent was ordered to pay remuneration.