R Cross and Others v GHI Contracts Ltd (In Administration): 4107754/2024 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. There was no recognised trade union for the purposes of collective bargaining.[2]No response was presented to this claim within the applicable time limit.[3]The respondent is in administration, but the administrators gave consent for the continuation of these proceedings on 10 February 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 employees dismissed as redundant by the respondent at their site at Rosehall Road, Belgrave Court, Bellshill Industrial Estate, Bellshill, ML4 3NR and the respondent is ordered to pay remuneration for the protected period. The protected period begins with 27 September 2024 and is for 90 days. 7 March 2025 Multiple Schedule Multiple: 4100868 - GHI Contracts Ltd Case Number Case Name 4107754/2024 R Cross -v- GHI Contracts Ltd 4107755/2024 Miss E L Russell -v- GHI Contracts Ltd 4107756/2024 Mr C Russell -v- GHI Contracts Ltd 4107757/2024 Mr T Livie -v- GHI Contracts Ltd 4107758/2024 Mr S McGuire -v- GHI Contracts Ltd 4107759/2024 Mr R Galloway -v- GHI Contracts Ltd 4107760/2024 Mr D Walker -v- GHI Contracts Ltd 4107761/2024 Mr R Spence -v- GHI Contracts Ltd 4107762/2024 Mr S Aitken -v- GHI Contracts Ltd 4107763/2024 Mr J Steel -v- GHI Contracts Ltd 4107764/2024 Mr B McEwan -v- GHI Contracts Ltd 4107765/2024 Mr J Russell -v- GHI Contracts Ltd 4107766/2024 Mr S Miller -v- GHI Contracts Ltd 4107767/2024 Mr A J Walker -v- GHI Contracts Ltd 4107768/2024 Mr G Hutton -v- GHI Contracts Ltd 4107769/2024 Mr J Hood -v- GHI Contracts Ltd 4107770/2024 Mr W Quinton -v- GHI Contracts Ltd 4107771/2024 Mr R Neilson -v- GHI Contracts Ltd 4107772/2024 Mr R Dick -v- GHI Contracts Ltd 4107773/2024 Mr R Cross -v- GHI Contracts Ltd 4107774/2024 Mr J Cross -v- GHI Contracts Ltd