Mr M Toor and others v Oaktarget Garments Ltd (in administration) and The Secretary of State for Business, Energy and Industrial Strategy: 2601903/2022 and others
EMPLOYMENT TRIBUNALS
Case No 2601903/2022
Between
Mr M Toor and othersClaimantOaktarget Garments Ltd (in administration) and The Secretary of State for Business, Energy and Industrial StrategyRespondent
Before
Employment Judge MillnsMr J Buchannan (instructed by solicitor) for claimantNot appearing for respondentDate 9 February 2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The first Respondent failed to submit a Response to the claims and the administrator has given consent for them to proceed. Upon hearing evidence from Mr M Toor and on the information before me including submissions of behalf of the Claimants and the written submissions made by the second 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 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”).[3]Accordingly, the Claimants’ complaints pursuant to TULRCA section 189 are well founded and succeed.[4]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 4 May 2022.[5]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to these awards.