Mr M Huthwaite v Gas Container Services Ltd (in administration): 2600824/2021

EMPLOYMENT TRIBUNALS

Case No 2600824/2021

Between

Mr M HuthwaiteClaimant

Gas Container Services Ltd (in administration)Respondent

Before

Employment Judge Butler

In person for claimant

Not represented for respondent

Date 2 September 2021

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21 The Respondent failed to submit a Response to the claim and the administrator has given consent for the claim to proceed. On the information produced at the hearing, including the evidence of the Claimant, the Employment Judge gives judgment as follows:

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

[2]The Respondent failed to organize 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 (“TULCRA”).

[3]Accordingly, the Claimant’s complaint pursuant to section 189 TULCRA are well founded.

[4]The Respondent is ordered to pay remuneration to the Claimant for a protected period of 90 days beginning on 9 April 2021.

[5]The correct name of the Claimant is Matthew Huthwaite. 10.7 Judgment with reasons – rule 62 March 2017 Case No: 2600824/2021