Mr A Laverie and Others v Lloyd Fraser Primary Logistics Ltd (In Administration): 4100410/2024 and Others
JUDGMENT
The Employment Judge has decided to issue the following judgment on the available material under rule 21:[1]The remaining claimants are entitled to bring this claim because the complaint concerns a failure relating to the election of employee representatives, and the claimants were employees dismissed as redundant. The claimants’ employment terminated on 22 September 2023. Notification for Early Conciliation was made to ACAS on 20 December 2023 and ACAS issued an Early Conciliation Certificate on 22 December 2023. The ET1 was received by the Employment Tribunal on 21 January 2024.[2]No response was presented to this claim within the applicable time limit.[3]The respondent is in administration, but the administrator consented to the continuation of these proceedings in a letter dated 1 February 2024.[4]The complaint that the respondent failed to comply with a requirement of section 188 or section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded.[5]The respondent dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less beginning on 22 September 2023.[6]The respondent failed to ensure that employee representatives were elected in accordance with s.188A, and then to consult with them in accordance with s.188.[7]The Tribunal makes a protective award in respect of employees dismissed as redundant at the respondent’s establishment at Dumfries Enterprise Park, Tinwald Downs Road, Heathhall, Dumfries, DG1 3SJ and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 22 September 2023 and is for 90 days. ___M. Kearns