Mr A Burrows and Others v Firber Engineering Ltd (in administration) and The Secretary of State for Business, Energy and Industrial Strategy (interested party): 2600251/2023 and Others
EMPLOYMENT TRIBUNALS
Case No 2600251/2023
Between
Mr A Burrows & Others (see attached schedule)ClaimantFirber Engineering Limited (in administration) (1) (2) The Secretary of State for Business, Energy and Industrial Strategy (interested party)Respondent
Before
Employment Judge Victoria ButlerDate 11 November 2024
JUDGMENT
[1]The Claimants presented their claim to the Midlands East Employment Tribunal on 6 February 2023 following a period of early conciliation between 31 January 2023 and 2 February 2023.[2]The 1st Respondent submitted a Response to the claim on 31 March 2023. It does not participate in these proceedings beyond filing its Response.[3]The 2nd Respondent filed a Response on 29 March 2023 and relies on its written submissions contained therein.[4]The administrator has given consent for the claim to proceed.[5]On the information before me namely submissions on behalf of the Claimants, witness statements (Shaquille Doody, Craig Brown, Matthew Robinson and Lisa Ludlow), the 1st Respondent’s Response and the submissions made by the 2nd Respondent the decision of the Employment Judge is:[6]The Claimants worked at a single establishment at which there was no recognised trade union. Case No:2600251/2023[7]The first 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”).[8]Accordingly, the Claimants’ complaints pursuant to TULRCA section 189 are well founded and succeed.[9]The 1st Respondent is ordered to pay remuneration to each of the Claimants in the attached schedule for a protected period of 90 days beginning on 22 November 2022.[10]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to these awards.