Elev8 Access Platforms Ltd (in Administration) and Secretary of State for Business and Trade

Case Summary

Multiple claimants brought claims for protective awards following their redundancy dismissal on 5 December 2024 without prior consultation. The First Respondent failed to consult with employee representatives or invite employees to elect representatives as required by law. The tribunal found the First Respondent in breach of sections 188 and 188A of the Trade Union & Labour Relations (Consolidation) Act 1992 and ordered the First Respondent to pay remuneration to each claimant for a protected period of 90 days.

The tribunal found that the First Respondent failed to consult with appropriate employee representatives before dismissing 20 or more employees as redundant within a 90-day period, in breach of the Trade Union & Labour Relations (Consolidation) Act 1992. The employer did not recognise trade unions and failed to invite employees to elect representatives for the purpose of redundancy consultation, thereby breaching the statutory duty to consult.

• •Failure to consult with employee representatives in relation to redundancies
• •Duty to consult under sections 188 and 188A of the Trade Union & Labour Relations (Consolidation) Act 1992
• •Employer's failure to recognise trade unions or invite employees to elect representatives for redundancy consultation

Case Nos: 1801165/2025 & others 1801168/2025 & others 1 EMPLOYMENT TRIBUNALS Claimants: Mr T Mulkeen and 2 others (1801165/2025) Mr A Simpson and 40 others (1801168/2025) First Respondent: Elev8 Access Platforms Limited (in Administration) Second Respondent: Secretary of State for Business and Trade Heard: by Cloud Video Platform On: 24 March 2026 Before: Employment Judge Ayre Representation Claimants: Mr N Fearn solicitor (Mr Simpson and others) Mr P Harthan counsel (Mr Mulkeen and others) First Respondent: Did not attend and was not represented Second Respondent: Did not attend and was not represented JUDGMENT 1. The First Respondent has failed to consult with employee representatives contrary to sections 188 and 188A of the Trade Union & Labour Relations (Consolidation) Act 1992. 2. The First Respondent is ordered to pay remuneration to each of the claimants in the attached schedule for a protected period of 90 days beginning on 5 December 2024. Case Nos: 1801165/2025 & others 1801168/2025 & others 2 REASONS Background 1. The claimants issued these claims in the Employment Tribunal on 2 March 2025 after going through ACAS early conciliation. The First Respondent is in administration and has not filed a response to the claim. The Second Respondent has filed a response and sent in written submissions. 2. The claimants are bringing claims for protective awards for failure to collectively inform and consult in relation to redundancies. Claim 1801165/2025 3. Early conciliation in this claim started on 25 February 2025 and ended on 27 February 2025. The claim is brought by Mr T Mulkeen and two others. On 6 March 2025 the administrat…