Mr S Safdar and Others and Mr J Gains and Others v Urban Splash Modular Ltd (in Administration) and Secretary of State for Business, Energy and Industrial Strategy: 2601977/2022 and Others and 2601492/2022 and Others Mr S Safdar and Others and Mr J Gains and Others v Urban Splash Modular Ltd (in Administration) and Secretary of State for Business, Energy and Industrial Strategy: 2601977/2022 and Others and 2601492/2022 and Others

EMPLOYMENT TRIBUNALS

Case No 2601977/2022, 2601492/2022

Between

Mr S Safdar and Others and Mr J Gains and OthersClaimant

(1) Urban Splash Modular Limited (in Administration) (2) Secretary of State for Business, Energy & Industrial StrategyRespondent

Before

Employment Judge McTigue sitting alone

No appearance for claimant

Date 4 December 2023

JUDGMENT

[1]Employment Judge Hutchinson notified the parties on 23 November 2023 that this matter did not require the attendance of the parties and would be dealt with on the papers.

[2]In reaching its decision today, the Tribunal considered written representations in accordance with Rule 42 of the Employment Tribunals Rules of Procedure 2013

[3]Upon review of the file today, the Tribunal noted that individual case numbers had not previously been assigned to the cases of Mr John Carlisle, Mr Stephen WhiteWood and My Haydn Simpkiss. That was rectified today and the relevant case numbers for these individuals appear in the attached schedule.

[4]The Claimants contained in the attached schedule (“the Claimants”) were employed by the First Respondent.

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

[6]Accordingly, the Claimants’ complaint pursuant to TULCRA section 189 are well founded and succeeds.

[7]The First Respondent is ordered to pay renumeration to the Claimants for a protected period of 90 days beginning on 11 May 2022.

[8]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income 10.1 Judgment – no hearing - rule 60 February 2018 Support) Regulations 1996 apply to this award.