Mr C Potter and Others v Orthios (Anglesey) Technologies Ltd (In Administration) and Secretary of State for Business, Energy and Industrial Strategy: 1600359/2022 and Others

EMPLOYMENT TRIBUNALS
Case No 1600359/2022, 3204421/2022, 3204535/2022
(1) Mr C Potter (2) Mr B Lee & OthersClaimant(1) Orthios (Anglesey) Technologies Ltd (In Administration) (2) Secretary of State for Business, Energy and Industrial StrategyRespondent
Employment Judge S Moore(1) Ms Brodie (instructed by Solicitor) for claimantNot represented for respondentDate 3 April 2023

JUDGMENT

[1]On 30 March 2022: a) The first respondent’s premises at London Road, Penrhos Works, Holyhead LL65 2UX constituted an establishment for the purpose of S188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULR(C)A 1992”); b) There was no recognised trade union or appointed or elected employee representatives for the purpose of S188 (1B) of TULR(C)A 1992.[2]The claimants complaints that the First Respondent failed to comply with a requirement of S188 of TULR(C)A 1992 is upheld.[3]The Tribunal makes a protective award in favour of the claimants.[4]The First Respondent is ordered to pay to the claimants remuneration for the protected period of 90 days beginning on 30 MARCH 2022. 10.2 Judgment - rule 61 February