J Kennedy and Others v Merchant Homes Partnerships Ltd (In Liquidation): 4104023/2024 and Others
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 Following an application for reconsideration, the Employment Judge has decided to issue the following varied 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 this claim within the applicable time limit.[3]The respondent is in compulsory liquidation but the relevant court granted permission for the continuation of these proceedings on 30 January 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 dismissed as redundant from the respondent’s establishment at 365 Govan Road, Glasgow, G51 2SE and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 20 December 2023 and is for 90 days. Multiple Schedule Multiple: 4100670 - MERCHANT HOMES PARTNERSHIPS LIMITED Case Number Claimant Respondent 4104023/2024 J Kennedy -v- MERCHANT HOMES PARTNERSHIPS LIMITED (In Liquidation) 4104024/2024 Mr J Kennedy -v- -v- -v- -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104025/2024 Mr J Kirkwood -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104026/2024 Mr B Ballingall -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104027/2024 Mr L Fleming -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104028/2024 Mr J I Aitken -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104029/2024 Mr R McGhee -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104030/2024 Mr J Halpin -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104031/2024 Mr A Brown -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104032/2024 Mr M Murray -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104033/2024 Miss L McNulty -v- -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104034/2024 Mrs L Campbell-Levett -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104035/2024 Mrs J Meggat -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104036/2024 Mr S France -v- -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104037/2024 Mr A Sneddon -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104038/2024 Mr J Allan -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104039/2024 Mr J Jack -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104040/2024 Mr G Melrose -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104041/2024 Mr D Irvine -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104042/2024 Mr S MacLennan -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104043/2024 Ms I Taylor -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104044/2024 Mrs J Russell -v- MERCHANT HOMES PARTNERSHIPS LIMITED 4104045/2024 Mr A Minty -v- MERCHANT HOMES PARTNERSHIPS LIMITED