M Salkar and Others v Gusto Restaurants Ltd (in administration) c/o Interpath Advisory: 4103465/2025 and Others
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 the claims within the applicable time limit.[3]The respondent is in administration. The administrator consented to the continuation of these proceedings in a letter dated 09 January 2026.[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 45 days or less. The claimants were dismissed as redundant on 29 July 2025.[6]The respondent failed to ensure that employee representatives were elected in accordance with section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992, and then to consult with them in accordance with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.[7]The Tribunal accordingly makes a protective award in respect of the claimants as employees dismissed as redundant at the respondent’s establishment of 135 George Street, Edinburgh, EH2 4JS and the respondent is ordered to pay remuneration for the protected period. The protected period begins on 29 July 2025 and is for 90 days. Date sent to parties 25 February 2026 Multiple Schedule Multiple: 4101013 - Gusto Restaurants Ltd co Interpath Advisory Case NumberCase Name 4103465/2025M Salkar -v- Gusto Restaurants Ltd co Interpath Advisory - IN ADMINISTRATION 4103466/2025Ms A Z Reynolds -v- Gusto Restaurants Ltd co Interpath Advisory 4103467/2025Mrs D Fikier -v- Gusto Restaurants Ltd co Interpath Advisory 4103468/2025Mr V Shinkov -v- Gusto Restaurants Ltd co Interpath Advisory 4103469/2025Miss M Wallace -v- Gusto Restaurants Ltd co Interpath Advisory 4103470/2025Mr C Smith -v- Gusto Restaurants Ltd co Interpath Advisory 4103471/2025Ms A McKechnie -v- Gusto Restaurants Ltd co Interpath Advisory 4103472/2025Mr S Secio -v- Gusto Restaurants Ltd co Interpath Advisory 4103473/2025Mr K Skakic -v- Gusto Restaurants Ltd co Interpath Advisory 4103474/2025Mr F Bain -v- Gusto Restaurants Ltd co Interpath Advisory 4103475/2025Mr R Pogany -v- Gusto Restaurants Ltd co Interpath Advisory 4103476/2025Mr M Garlinskas -v- Gusto Restaurants Ltd co Interpath Advisory 4103477/2025Mr A Lowe -v- Gusto Restaurants Ltd co Interpath Advisory 4103478/2025Mr A Bile -v- Gusto Restaurants Ltd co Interpath Advisory 4103479/2025Mr P SUNIL -v- Gusto Restaurants Ltd co Interpath Advisory 4103480/2025Mr J Padmanabhan -v- Gusto Restaurants Ltd co Interpath Advisory 4103481/2025Mr P Leone -v- Gusto Restaurants Ltd co Interpath Advisory 4103482/2025Ms S McNab -v- Gusto Restaurants Ltd co Interpath Advisory 4103483/2025Ms L Clarke -v- Gusto Restaurants Ltd co Interpath Advisory 4103484/2025Mrs E-L Martin -v- Gusto Restaurants Ltd co Interpath Advisory 4103485/2025Mr B Subedi -v- Gusto Restaurants Ltd co Interpath Advisory 4103486/2025Mr D Allison -v- Gusto Restaurants Ltd co Interpath Advisory 4103487/2025Mr F Hollins-Kirk -v- Gusto Restaurants Ltd co Interpath Advisory 4103488/2025Mr M Salkar -v- Gusto Restaurants Ltd co Interpath Advisory 4103489/2025Mr P SANAGOLU MAHADEVA -v- Gusto Restaurants Ltd co Interpath Advisory