A MacDonald and others v M Squared Lasers Ltd (in Administration): 4104136/2025 and others

EMPLOYMENT TRIBUNALS (SCOTLAND)

Case No 4104136/2025

Between

Andrew MacDonald & OthersClaimant

M Squared Lasers Limited (in Administration)Respondent

Before

Employment Judge M Whitcombe

Date 27 April 2026

JUDGMENT

(1) The claimants are entitled to bring this claim because they were employees of the respondent dismissed as redundant in circumstances where there was no recognised trade union and there were neither existing employee representatives, nor any elected for the purposes of information and consultation.

(2) The respondent entered administration on 27 August 2025. The administrators gave consent for these claims to continue on 26 November 2025. However, no response was filed and the claims are not defended.

(3) The respondent proposed to (and did) dismiss as redundant 20 or more employees at the same establishment on 27 August 2025 (a period of 90 or fewer days). There were no appropriate representatives of affected employees for the purposes of information and consultation about that proposal and the Case Number: 4104136/2026 Page 2 respondent failed to ensure that any were elected. The respondent was therefore in breach of its obligations under sections 188A and 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.

(4) The claimants are entitled to a protective award of 90 days’ pay. The first day of that protected period was 28 August 2025.

(5) Summary oral reasons were given in the presence of those attending the hearing.