Mr C Baldwin and others v The Secretary of State for Business, Energy and Industrial Strategy and System Building Products Ltd (in administration): 1309054/2020 and others

EMPLOYMENT TRIBUNALS

Case No 1309054/2020, 1309057/2020, 1309060/2020, 2408741/2020

Between

Mr C Baldwin, Mr H Davies, Mr A Newman & Mr R DrewClaimant

(1) The Secretary of State for Business, Energy and Industrial Strategy (2) System Building Products Limited (in administration)Respondent

Before

Employment Judge Victoria Butler

Date 16 July 2021

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21 The second Respondent failed to submit a Response to the claims and the administrator has given consent for them to proceed. On the information before me including witness statements from the Claimants and the submissions made by the first Respondent The decision of the Employment Judge is:

[1]The Claimants worked at a single establishment at which there was no recognised trade union.

[2]The second Respondent failed to organise the election of employee representatives and to consult with them in accordance with sections 188 and 188A of Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”).

[3]Accordingly, the Claimants’ complaints pursuant to TULRCA section 189 are well founded and succeed.

[4]The second Respondent is ordered to pay remuneration to each of the Claimants in the attached schedule for a protected period of 90 days beginning on 25 March 2020. 4.17 Rule 21 judgment – universal template. September 2017 Case No: 1309054/2020, 1309057/2020, 1309060/2020, 2408741/2020

[5]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to these awards.