Cameron Miller v Rhys Davies and Sons Limited (In Administration) — 2021

The tribunal issued judgment under rule 21 on the available material. It found that Cameron Miller and David Colman were employees dismissed as redundant, that none of the situations in s.189(1)(a), (b) or (c) applied, that the respondent was in administration, and that the administrator consented to the proceedings continuing by email dated 12 July 2021. No response was presented within the applicable time limit.

The tribunal held 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 more than 20 employees at one establishment within 90 days or less, had not ensured that employee representatives were elected under s.188A, and had not consulted with them under s.188.

A protective award was made in respect of both claimants and the respondent was ordered to pay remuneration for the protected period. The protected period began on 8 December 2020 in Mr Colman's case and on 23 December 2020 in Mr Miller's case, and lasted 90 days in each case. The judgment does not state a quantified monetary total.