Mr C Smith v Timber Stair Manufacturers Ltd and The Secretary of State for Business, Energy and Industrial Strategy: 2602645/2023

EMPLOYMENT TRIBUNALS

Case No 2602645/2023

Between

Mr C SmithClaimant

Timber Stair Manufacturers Ltd (1) The Secretary of State for Business, Energy and Industrial Strategy (2)Respondent

Before

Employment Judge M Butler

Date 25 July 2024

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21 The first Respondent failed to submit a Response to the claims. On the information before me including the claim form submitted by the Claimant and the submissions made by the Claimant and 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 the Claimant in for a protected period of 90 days beginning on 12 August 2023.

[5]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to these awards. Case No: 2602645/2023