Mr I Barbour and Others v Connect Modular Ltd (In Administration): 4100757/2025 and Others

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4100757/2025
Mr I BarbourClaimantConnect Modular Ltd (In Administration)Respondent
Employment Judge Claire McManusDate 23 June 2025

JUDGMENT

Rule 22 of the Employment Tribunal Procedure Rules 2024 The Employment Judge has decided to issue the following judgment on the available material under rule 22.[1]The 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.[2]No response was presented to these claims 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 6 May 2025.[4]The complaint that the respondent failed to comply with a requirement of section 188 and 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.[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 the claimants in the attached schedule who were employees dismissed as redundant at the respondent’s establishment at Connect Modular Ltd, Block 2, Caponacre Industrial Estate, Cumnock, KA18 1SH and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 6 January 2025 and is for 90 days. 23 June 2025 Multiple Schedule Multiple: 4100915 - CONNECT MODULAR LTD (In Administration) Case Number Claimant Respondent 4100757/2025 Mr I Barbour CONNECT MODULAR LTD 4100758/2025 Mrs C A Calderwood CONNECT MODULAR LTD 4100759/2025 Mr A W Carrigan CONNECT MODULAR LTD 4100760/2025 Mr T Coyle CONNECT MODULAR LTD 4100761/2025 Mrs M Deatcher CONNECT MODULAR LTD 4100762/2025 Mr D Dempster CONNECT MODULAR LTD 4100763/2025 Mr J A Dodds CONNECT MODULAR LTD 4100764/2025 Mr J Douglas CONNECT MODULAR LTD 4100765/2025 Mr J Gallacher CONNECT MODULAR LTD 4100766/2025 Mr A Hall CONNECT MODULAR LTD 4100767/2025 Mr M Hanlon CONNECT MODULAR LTD 4100768/2025 Mr G Hanlon CONNECT MODULAR LTD 4100769/2025 Mr E C Kelly CONNECT MODULAR LTD CONNECT MODULAR LTD 4100770/2025 Mrs S Kennedy 4100771/2025 Mr D Kerr CONNECT MODULAR LTD 4100772/2025 Ms C S L Lambie CONNECT MODULAR LTD 4100773/2025 Mr R S McMurdo CONNECT MODULAR LTD CONNECT MODULAR LTD 4100774/2025 Mr M Miscenko 4100775/2025 Mr C Murphy CONNECT MODULAR LTD 4100776/2025 Mr J D Orr CONNECT MODULAR LTD Mr D Przybysz CONNECT MODULAR LTD 4100777/2025 4100778/2025 Mr S J Renwick CONNECT MODULAR LTD 4100779/2025 Mrs E M Robertson CONNECT MODULAR LTD Ms A S Scott CONNECT MODULAR LTD 4100780/2025 4100781/2025 Mr G Seath CONNECT MODULAR LTD 4100782/2025 Mr C Vesey CONNECT MODULAR LTD 4100783/2025 Mr S Woods CONNECT MODULAR LTD 4100784/2025 Mr L Young CONNECT MODULAR LTD 4100785/2025 Miss L Young CONNECT MODULAR LTD