Mr J Cavanagh and others v McGill Facilities Management Ltd (In Administration): 4106503/2022 and others (see attached schedule)
JUDGMENT
The Employment Judge has decided to issue the following judgment on the available material under rule 21.[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. There was no recognised trade union involved.[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 an e-mail dated 7 December 2022.[4]The complaint that the respondent failed to comply with a requirement of section 188 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 employees dismissed as redundant by the respondent at their site at Harrison Road, Dundee, DD2 3SN and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 25 August 2022 and is for 90 days. Employment Judge: P O'Donnell Date of Judgment: 5 January 2023 Multiple Schedule Multiple: 4100322 - McGill Facilities Management Limited (in Administration) Case Number Claimant Respondent Mr James Cavanagh 4106503/2022 Mr matthew archibald McGill Facilities Management Limited (in Administration) 4106504/2022 Mrs elaine beaton McGill Facilities Management Limited (in Administration) 4106505/2022 4106506/2022 Mr joshua beattie Mr john beavis McGill Facilities Management Limited (in Administration) 4106507/2022 Mr david beggs McGill Facilities Management Limited (in Administration) 4106508/2022 Mr kevin bennett McGill Facilities Management Limited (in Administration) 4106509/2022 Mr euan borland McGill Facilities Management Limited (in Administration) 4106510/2022 Mr thomas brodie McGill Facilities Management Limited (in Administration) 4106511/2022 Mr james brogan McGill Facilities Management Limited (in Administration) 4106512/2022 Mr callum brogan McGill Facilities Management Limited (in Administration) 4106513/2022 Mr daniel brogan McGill Facilities Management Limited (in Administration) 4106514/2022 Mr bruce burnett McGill Facilities Management Limited (in Administration) 4106515/2022 Mrs sheila carle McGill Facilities Management Limited (in Administration) 4106516/2022 Ms chelsea carling McGill Facilities Management Limited (in Administration) 4106517/2022 Mr connor carling McGill Facilities Management Limited (in Administration) 4106518/2022 Mr ryan connor 4106519/2022 Mr darren dalgarno McGill Facilities Management Limited (in Administration) 4106520/2022 Mr denys de klerk McGill Facilities Management Limited (in Administration) 4106521/2022 Ms alison dickson McGill Facilities Management Limited (in Administration) 4106522/2022 Mr craig drummond McGill Facilities Management Limited (in Administration) 4106523/2022 Mr david drummond McGill Facilities Management Limited (in Administration) 4106524/2022 Mr alexander duncan McGill Facilities Management Limited (in Administration) 4106525/2022 Mr mark duncan McGill Facilities Management Limited (in Administration) 4106526/2022 Mr john elder McGill Facilities Management Limited (in Administration) 4106527/2022 Ms jane falconer McGill Facilities Management Limited (in Administration) 4106528/2022 Mr andy finlay McGill Facilities Management Limited (in Administration) 4106529/2022 Mr alistair firth McGill Facilities Management Limited (in Administration) 4106530/2022 Mr neil fotheringham McGill Facilities Management Limited (in Administration) 4106531/2022 Mr saul fotheringham McGill Facilities Management Limited (in Administration) 4106532/2022 Mr william gunn McGill Facilities Management Limited (in Administration) 4106533/2022 Mr paul hargreaves McGill Facilities Management Limited (in Administration) 4106534/2022 Mr roy heenan McGill Facilities Management Limited (in Administration) 4106535/2022 Mr darren henderson McGill Facilities Management Limited (in Administration) 4106536/2022 Mr john ironside McGill Facilities Management Limited (in Administration) 4106537/2022 Mr peter jackson McGill Facilities Management Limited (in Administration) 4106538/2022 Mr stephen johnstone McGill Facilities Management Limited (in Administration) 4106539/2022 Mrs carol jolicoeur McGill Facilities Management Limited (in Administration) 4106540/2022 Mr richard kenny McGill Facilities Management Limited (in Administration) 4106541/2022 Mr james kidd McGill Facilities Management Limited (in Administration) 4106542/2022 Mr errol lawrie McGill Facilities Management Limited (in Administration) 4106543/2022 Mr matthew lawrie McGill Facilities Management Limited (in Administration) 4106544/2022 Mr chris lawson McGill Facilities Management Limited (in Administration) 4106545/2022 Mr greg lyall McGill Facilities Management Limited (in Administration) 4106546/2022 Mr mark mcconnell McGill Facilities Management Limited (in Administration) 4106547/2022 Mr scott mccord McGill Facilities Management Limited (in Administration) 4106548/2022 Ms elizabeth mcdougall McGill Facilities Management Limited (in Administration) 4106549/2022 Mr james mcilravey McGill Facilities Management Limited (in Administration) 4106550/2022 Mr thomas mcintosh McGill Facilities Management Limited (in Administration) 4106551/2022 Mr fraser mckay McGill Facilities Management Limited (in Administration) 4106552/2022 Mr bruce mills McGill Facilities Management Limited (in Administration) 4106553/2022 Mr kenneth moncrieff McGill Facilities Management Limited (in Administration) 4106554/2022 Mr craig morrison McGill Facilities Management Limited (in Administration) 4106555/2022 Mr josh muir McGill Facilities Management Limited (in Administration) 4106556/2022 Mr kenneth muir McGill Facilities Management Limited (in Administration) 4106557/2022 Mr ethan nicoll McGill Facilities Management Limited (in Administration) 4106558/2022 Mr ryan nugent McGill Facilities Management Limited (in Administration) 4106559/2022 Mr ryan paterson McGill Facilities Management Limited (in Administration) 4106560/2022 Mr neil paterson McGill Facilities Management Limited (in Administration) 4106561/2022 Mr jamie petrie McGill Facilities Management Limited (in Administration) 4106562/2022 Mr gavin quirk McGill Facilities Management Limited (in Administration) 4106563/2022 Mr cameron reid McGill Facilities Management Limited (in Administration) 4106564/2022 Mr billy robertson McGill Facilities Management Limited (in Administration) 4106565/2022 Mr paul robertson McGill Facilities Management Limited (in Administration) 4106566/2022 Mr peter robertson McGill Facilities Management Limited (in Administration) 4106567/2022 Mr andrew searles McGill Facilities Management Limited (in Administration) 4106568/2022 Mr gurmukh singh McGill Facilities Management Limited (in Administration) 4106569/2022 Mr brian skinner McGill Facilities Management Limited (in Administration) 4106570/2022 Mr piotr slonina McGill Facilities Management Limited (in Administration) 4106571/2022 Mrs kirsty smith McGill Facilities Management Limited (in Administration) 4106572/2022 Mr liam smith McGill Facilities Management Limited (in Administration) 4106573/2022 Mr russell smith McGill Facilities Management Limited (in Administration) 4106574/2022 Mr gordon stalker McGill Facilities Management Limited (in Administration) 4106575/2022 Miss kerri stalker McGill Facilities Management Limited (in Administration) 4106576/2022 Mr alexander stewart McGill Facilities Management Limited (in Administration) 4106577/2022 Mr nathan stewart McGill Facilities Management Limited (in Administration) 4106578/2022 Mr scott sutherland McGill Facilities Management Limited (in Administration) 4106579/2022 Mrs mandy tait McGill Facilities Management Limited (in Administration) 4106580/2022 Mr kevin thomson McGill Facilities Management Limited (in Administration) 4106581/2022 Mr david timmons McGill Facilities Management Limited (in Administration) 4106582/2022 Mr kenneth traynor McGill Facilities Management Limited (in Administration) 4106583/2022 Mr rhys vannet McGill Facilities Management Limited (in Administration) 4106584/2022 4106585/2022 Mr james wright