Unite the Union v Arjowiggins Chartham Mill Ltd (In Administration) and Secretary of State for Business and Trade: 2200386/2023
JUDGMENT
[1]The Claimant was a union recognised by the First Respondent for the purposes of consultation as regards redundancies and in respect of its obligations to consult with the Claimant pursuant to section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA 1992”).[2]The First Respondent failed to comply with its consultation obligations in section 188 of TULRCA 1992 in respect of the redundancy dismissals of the class of its employees whom the Claimant represented as members as at 22nd September 2022 (“the Class of Employees”).[3]The Claimant’s complaint for a protective award is well-founded and succeeds in respect of the Class of Employees.[4]The First Respondent shall pay remuneration (that is, a protective award) to those in the Class of Employees (as defined above) which includes, for the avoidance of doubt, the named individuals set out in the Schedule to this judgment below.[5]The protective award is for a period of 90 days commencing on 22nd September 2022, being the date on which the first of the dismissals to which the complaint relates took effect.