Mr T Mulkeen and Others v Elev8 Access Platforms Ltd (in Administration) and Secretary of State for Business and Trade: 1801165/2025 and Others

EMPLOYMENT TRIBUNALS

Case No 1801165/2025, 1801168/2025

Between

Mr T Mulkeen and OthersClaimant

Elev8 Access Platforms Ltd (in Administration) and Secretary of State for Business and TradeRespondent

Before

Employment Judge Ayre

Date 24 March 2026

JUDGMENT

[1]The First Respondent has failed to consult with employee representatives contrary to sections 188 and 188A of the Trade Union & Labour Relations (Consolidation) Act 1992.

[2]The First Respondent is ordered to pay remuneration to each of the claimants in the attached schedule for a protected period of 90 days beginning on 5 December 2024.

REASONS

[1]The claimants issued these claims in the Employment Tribunal on 2 March 2025 after going through ACAS early conciliation. The First Respondent is in administration and has not filed a response to the claim. The Second Respondent has filed a response and sent in written submissions.

[2]The claimants are bringing claims for protective awards for failure to collectively inform and consult in relation to redundancies. Claim 1801165/2025

[3]Early conciliation in this claim started on 25 February 2025 and ended on 27 February 2025. The claim is brought by Mr T Mulkeen and two others. On 6 March 2025 the administrators consented to the proceedings in case number 1801165/2025 & others continuing Claim number 1801168/2025

[4]Early conciliation in this claim started on 28 March 2025 and ended on 3 March 2025. The claim is brought by Mr A Simpson and 39 others. On 11 April 2025 the administrators consented to the proceedings in case number 1801168/2025 & others continuing.

The hearing

[5]The claimants were represented at the hearing. Neither of the respondents attended the hearing or were represented. The Second Respondent had sent in written representations, which I have considered when reaching my decision.

[6]The claimants in 1801165/2025 had prepared a bundle of documents running to 45 pages which included a witness statement for one of the claimants. The claimants in 1801168/2025 had prepared a bundle running to 56 pages, and brief witness statements for each of the claimants.

[7]I heard evidence under oath from Nicholas Mulleague, and brief submissions from both parties.

Findings of fact

[8]All of the claimants were employed by the First Respondent and worked or were based at its premises in Unit 2b, Clay Street, off Newhall Road, Sheffield, S9 2PF.

[9]On 5 December 2024 the claimants were informed that they were being made redundant. They were dismissed the same day. There was no consultation prior to the redundancies taking effect.

[10]The First Respondent did not recognise trade unions at the Clay Street site and did not have any elected representatives in place. The First Respondent did not invite the employees at its Clay Street site to elect representatives for the purpose of redundancy consultation.

The Law

[11]The relevant statutory provisions are set out in the Trade Union and Labour Relations (Consolidation) Act 1992 as follows: “188 Duty of employer to consult representatives (A1) Subsection (1) applies where an e4mployer is proposing to dismiss as redundant within a period of 90 days or less –(a) at least the threshold number of employees (see section 195A) , or

(b) 20 or more employees at one establishment. (1) Where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less, the employer shall consult about the dismissals all the persons who are appropriate representatives of any of the employees who may be affected by the proposed dismissals or may be affected by measures taken in connection with those dismissals. …. (1B) For the purposes of this section the appropriate representatives of any affected employees are – (a) if the employees are of a description in respect of which an independent trade union is recognise by their employer, representatives of the trade union, or (b) in any other case, whichever of the following employee representatives the employer chooses:- (i) employee representatives appointed or elected by the affected employees otherwise than for the purposes of this section, who (having regard to the purposes for and the method by which they were appointed or elected) have authority from those employees to receive information and to be consulted about the proposed dismissals on their behalf; (ii) employee representatives elected by the affected employees, for the purposes of this section, in an election satisfying the requirements of section 188A(1)…. 188A (1) The requirements for the election of employee representatives under section 188(1B)(b)(ii) are that – (a) The employer shall make such arrangements as are reasonably practical to ensure that the election is fair…. 189 Complaint and protective award (1) Where an employer has failed to comply with a requirement of section 188 or section 199A, a complaint may be presented to an employment tribunal on that ground – (a) in the case of a failure relating to the election of employee representatives, by any of the affected employees or by any of the employees who have been dismissed as redundant…. …. (1B) On a complaint under subsection (1)(a) it shall be for the employer to show that the requirements in section 188A have been satisfied. (2) If the tribunal finds the complaint well-founded it shall make a declaration to that effect and may also make a protective award. (3) A protective award is an award in respect of one or more descriptions of employees – (a) who have been dismissed as redundant, or whom it is proposed to dismiss as redundant, and (b) in respect of whose dismissal or proposed dismissal the employer has failed to comply with a requirement of section 188, ordering the employer to pay remuneration for the protected period. (4) The protected period – (a) begins with the date on which the first of the dismissals to which the complaint relates takes effect, or the date of the award, whichever is the earlier, and (b) is of such length as the tribunal determines to be just and equitable in all the circumstances having regard to the seriousness of the employer’s default in complying with any requirement of section 188; but shall not exceed 90 days….”

Conclusions

[12]Each of the claimants worked at a single establishment at which there was no recognised trade union and no elected employee representatives.

[13]More than twenty employees were made redundant at that establishment within a ninety day period beginning on 5 December 2024.

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

[15]Accordingly, the claimants’ complaints pursuant to section 189 of TULRCA are well founded and succeed.

[16]The First Respondent is ordered to pay remuneration to each of the claimants in the attached schedule for a protected period of 90 days beginning on 5 December 2024.

[17]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to these awards. Approved by: Employment Judge Ayre Date: 24 March 2026 SCHEDULE Case Number Claimant Name 1801165/2025 Mr T C Mulkeen 1801166/2025 Mr C Handsley 1801167/2025 Mr JH Creaser Case Number Claimant Name 1801168/2025 Adam Simpson 1801169/2025 Mr Adam Simpson 1801170/2025 Mr Adam Proctor 1801171/2025 Mr Adam Lindley 1801172/2025 Mr Adrian Newbold 1801173/2025 Mr Anton Jeffrey 1801174/2025 Mr Ben Pegg 1801175/2025 Mr Benjamin Peet 1801176/2025 Mr Callum Frith 1801177/2025 Mr David Wilson 1801178/2025 Mr David Ellis 1801179/2025 Mr George Leith 1801180/2025 Mr Glynn Beale 1801181/2025 Mr Hardip Aietan 1801182/2025 Ms Isabelle Nicholson 1801183/2025 Mr Jack Gray 1801184/2025 Mr Jamie Needham 1801185/2025 Mr John Wilcock 1801186/2025 Mr Jon Evans 1801187/2025 Ms Kay James 1801188/2025 Mr Lee Swift 1801189/2025 Ms Lydia Gregory 1801190/2025 Mr Mark Bagshaw 1801191/2025 Mr Matthew Arthur Mountain 1801192/2025 Mr Nicholas Mulleague 1801193/2025 Mr Nigel Gitsham 1801194/2025 Mr Philip Boldock 1801195/2025 Mr Richard Sykes 1801196/2025 Mr Ronan Ellis 1801197/2025 Mr Stuart Boole 1801198/2025 Mr Thomas Ivory 1801199/2025 Mr Robert Walker 1801200/2025 Mr Julian Watts 1801201/2025 Ms Helen Robertshaw 1801202/2025 Mr Ashley Fullwood 1801203/2025 Mr McKenzie Turner 1801204/2025 Mr Marcin Zmuda 1801205/2025 Mr Matthew Machin 1801206/2025 Ms Louise Hackett 1801207/2025 Mr Lee Eastman 1801208/2025 Mr Ridha Miladi