Community the Union and Others v UK Windows and Doors Group Ltd and Secretary of State for Business and Trade: 1603298/2023 and Others
JUDGMENT
[1]The First Respondent has conceded that protective awards can be made in respect of many of the Claimants within this multiple claim.[2]The claims brought by those Claimants individually who are part of the bargaining unit and therefore cannot lawfully bring a claim in their own right for a protective award are withdrawn but not dismissed. Those claims will be closed. They include anyone under the section in Appendix 1 under the heading “bargaining unit”, with the exception of Sean Luff.[3]The complaint that the First Respondent failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is conceded in respect of the Claimants within the award made below.[4]Community the Union (the First Claimant) was recognised by the First Respondent under the terms of the collective agreement and covered production and class 1 & 2 drivers at the Taffs Well (Unit A, Moy Road Industrial, Taffs Well, Cardiff CF15 7QR) and Williamstown (Techniglass, Unit 2, Dinas Isaf Ind Est, Williamstown CF40 1NY) sites, and production at the Treorchy (Unit 37, Abergorki Industrial Estate, Treorchy CF42 6DL) and Llwynpia sites.[5]The Tribunal makes a protective award in respect of all employees of the First Respondent who were members of the collective bargaining unit represented by the First Claimant and assigned as production or Class 1 or 2 drivers from its Taffs Well and Williamstown premises or in production in Treorchy (the establishments) who were dismissed as redundant on or after 25 September 2023 onwards. This does not cover those at Llwynpia, which will be considered at the final hearing as it is asserted the threshold of 20 or more employees at this establishment affected by proposed redundancies was not met.[6]In addition, the Tribunal makes a protective award in respect of all employees of the First Respondent who it has conceded was entitled to a protected award and were not part of the bargaining unit. This includes those based at the Taffs Well, Williamstown and Treorchy sites, and those based at the site known as Evolution at Units 6-8, Eldon Way, Bigglewade, Bedfordshire SG18 8NH. These Claimants are set out in Appendix 1 in the sections headed “Evolution” or “Not within bargaining unit but expressly conceded”.[7]The Tribunal orders the First Respondent to pay those employees remuneration for the protected period of 90 days beginning on 25 September 2025. The Recoupment Regulations apply.[8]Appendix 1 to this Judgment also sets out the names of the affected employees who expressly have been conceded to be entitled to the protective award as pleaded by the First Respondent. This section is not part of the formal Judgment but is prepared as a record to assist the Second Respondent and to explain to the Claimants how they are protected.[9]This judgment does not prevent a claim being made to the Second Respondent for payment from the National Insurance fund in respect of the First Respondent’s liability.[10]The affected Claimants have agreed that the following claims are duplicates and can be withdrawn and dismissed:a. Ms E Costescu 3313024/23, 3302581/23 & 3313021/23 (leaving 3312584/23);b. Ms T Vahdia 3313022/23 (leaving 3302582/24);c. Ms E Gillings 3313023/23 (leaving 3302583/24);d. Mr R Jacob 3313025/23 (leaving 3302585/24);e. Mr G Mardlin 3313026/23 (leaving 3302586/24);f. Mr A Comish 3313027/23 (leaving 3302587/24);g. Ms P Cullip 3313028/23 (leaving 3302588/24);h. Ms C Sherwood 3313029/23 (leaving 3302589/24);i. Mr M Waddington 3313030/23 (leaving 3302590/24);j. Ms B Brimmer 3313031/23 (leaving 3302591/24);k. Ms D Evans 3313032/23 (leaving 3302592/24);l. Mr P Ayres 1600117/24 (leaving 1600118/24);m. 1600375/2024 Gareth Gooding (leaving 1600379/2024);n. 1600380/2024 Jaimie Mcsweeney (leaving 1600096/2024);o. 1600381/2024 Gemma Nathaniel (leaving 1600097/2024);p. 1600384/2024 Susan Rees (leaving 1600101/2024);q. 1600385/2024 Ellis Berry (leaving 1600103/2024);r. 1600170/2023 Simon Williams (leaving 1600193/2024);s. 1600388/2024 Jay Kay (correct name is already in claim with a different number).[11]The following Claimants have agreed that their claims for notice pay should be withdrawn and dismissed:a. Mr D Griffiths 1602872/23b. Mr G Bennett 1602347/23[12]The following Claimants have agreed that their claims for unfair dismissal should be withdrawn and dismissed: a. Mr D Griffiths 1602872/23[13]The remaining claims for protective awards (in respect of those at Llwynpia and Perry Barr) will be determined at the final hearing listed for 7 November 2025. Approved by Employment Judge C Sharp Dated: 1 July 2025[1]The First Respondent has conceded that protective awards can be made in respect of many of the Claimants within this multiple claim.[2]The claims brought by those Claimants individually who are part of the bargaining unit and therefore cannot lawfully bring a claim in their own right for a protective award are withdrawn but not dismissed. Those claims will be closed. They include anyone under the section in Appendix 1 under the heading “bargaining unit”, with the exception of Sean Luff.[3]The complaint that the First Respondent failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is conceded in respect of the Claimants within the award made below.[4]Community the Union (the First Claimant) was recognised by the First Respondent under the terms of the collective agreement and covered production and class 1 & 2 drivers at the Taffs Well (Unit A, Moy Road Industrial, Taffs Well, Cardiff CF15 7QR) and Williamstown (Techniglass, Unit 2, Dinas Isaf Ind Est, Williamstown CF40 1NY) sites, and production at the Treorchy (Unit 37, Abergorki Industrial Estate, Treorchy CF42 6DL) and Llwynpia sites.[5]The Tribunal makes a protective award in respect of all employees of the First Respondent who were members of the collective bargaining unit represented by the First Claimant and assigned as production or Class 1 or 2 drivers from its Taffs Well and Williamstown premises or in production in Treorchy (the establishments) who were dismissed as redundant on or after 25 September 2023 onwards. This does not cover those at Llwynpia, which will be considered at the final hearing as it is asserted the threshold of 20 or more employees at this establishment affected by proposed redundancies was not met.[6]In addition, the Tribunal makes a protective award in respect of all employees of the First Respondent who it has conceded was entitled to a protected award and were not part of the bargaining unit. This includes those based at the Taffs Well, Williamstown and Treorchy sites, and those based at the site known as Evolution at Units 6-8, Eldon Way, Bigglewade, Bedfordshire SG18 8NH. These Claimants are set out in Appendix 1 in the sections headed “Evolution” or “Not within bargaining unit but expressly conceded”.[7]The Tribunal orders the First Respondent to pay those employees remuneration for the protected period of 90 days beginning on 25 September 2023. The Recoupment Regulations apply.[8]Appendix 1 to this Judgment also sets out the names of the affected employees who expressly have been conceded to be entitled to the protective award as pleaded by the First Respondent. This section is not part of the formal Judgment but is prepared as a record to assist the Second Respondent and to explain to the Claimants how they are protected.[9]This judgment does not prevent a claim being made to the Second Respondent for payment from the National Insurance fund in respect of the First Respondent’s liability.[10]The affected Claimants have agreed that the following claims are duplicates and can be withdrawn and dismissed:a. Ms E Costescu 3313024/23, 3302581/23 & 3313021/23 (leaving 3312584/23);b. Ms T Vahdia 3313022/23 (leaving 3302582/24);c. Ms E Gillings 3313023/23 (leaving 3302583/24);d. Mr R Jacob 3313025/23 (leaving 3302585/24);e. Mr G Mardlin 3313026/23 (leaving 3302586/24);f. Mr A Cornish 3313027/23 (leaving 3302587/24);g. Ms P Cullip 3313028/23 (leaving 3302588/24);h. Ms C Sherwood 3313029/23 (leaving 3302589/24);i. Mr M Waddington 3313030/23 (leaving 3302590/24);j. Ms B Brimmer 3313031/23 (leaving 3302591/24);k. Ms D Evans 3313032/23 (leaving 3302592/24);l. Mr P Ayres 1600117/24 (leaving 1600118/24);m. 1600375/2024 Gareth Gooding (leaving 1600379/2024);n. 1600380/2024 Jaimie Mcsweeney (leaving 1600096/2024);o. 1600381/2024 Gemma Nathaniel (leaving 1600097/2024);p. 1600384/2024 Susan Rees (leaving 1600101/2024);q. 1600385/2024 Ellis Berry (leaving 1600103/2024);r. 1600170/2023 Simon Williams (leaving 1600193/2024);s. 1600388/2024 Jay Kay (correct name is already in claim with a different number).[11]The following Claimants have agreed that their claims for notice pay should be withdrawn and dismissed:a. Mr D Griffiths 1602872/23b. Mr G Bennett 1602347/23[12]The following Claimants have agreed that their claims for unfair dismissal should be withdrawn and dismissed: a. Mr D Griffiths 1602872/23[13]The remaining claims for protective awards (in respect of those at Llwynpia and Perry Barr) will be determined at the final hearing listed for 7 November 2025. Approved by