Mr Woods and others v Roadbridge UK Ltd – in Administration: 4102295/2022 and others

EMPLOYMENT TRIBUNALS (SCOTLAND)

Case No 4102295/2022

Between

Mr S WoodsClaimant

Roadbridge UK Ltd – In AdministrationRespondent

Before

Employment Judge M Kearns

Date 14 July 2022

JUDGMENT

This Judgment is made by consent in accordance with Rule 64 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The Judgment of the Employment Tribunal was that the respondent has failed to comply with its obligations under Sections 188A and 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The Employment Tribunal makes a protective award under section 189 of that Act in favour of the claimants who were all made redundant on 16 March 2022 and orders the respondent to pay remuneration to the claimants for the agreed protection period of 8 weeks starting on 16 March 2022.

REASONS

[1]The lead claimant is Sean Woods. The lead claimant resides at 85 Canniesburn Drive, Bearsden, Glasgow, G61 1RX.

[2]The respondent is Roadbridge UK Ltd, 11th Floor Landmark, St Peters Square, 1 Oxford Street, Manchester, M1 4PB. The Respondent was a construction company.

[3]The lead claimant’s place of work was Sholto Cres, Righead Industrial Estate, Bellshill, ML4 3LX.

[4]The lead claimant was one of approximately 300 employees. On 16 March 2022, the employees were dismissed by reason of redundancy.

[5]The claimants were not consulted with regard to the impending closure of the company.

[6]There was no recognised trade union within the workplace. There were no other existing representative bodies with appropriate authority to consult with the employer on behalf of the employees.

[7]Prior to the date of the redundancies, the respondent failed to consult about the dismissals appropriate representatives of any of the employees who may be affected by the proposed dismissals.

[8]There were no special circumstances which would render such consultation not reasonably practicable. The respondent took no reasonable steps towards compliance with the requirement to consult.

[9]The respondent was under an obligation pursuant to s.188 and s.188A of the Trade Union and Labour Relations (Consolidation) Act 1992 to consult about the dismissals appropriate representatives of the employees who may be affected by the proposed dismissals. The respondent failed to consult any such representatives about the dismissals. _Mary Kearns_________ Employment Judge __14 July 2022_________ Date of Judgment Multiple Schedule Multiple: 4100220 - Roadbridge UK Ltd Case Number Case Name 4102295/2022 Mr Sean Woods -v- Roadbridge UK Ltd - In Administration 4102638/2022 Mr Michael Meehan -v- Roadbridge UK Ltd 4102640/2022 Mr Alan Dunne -v- Roadbridge UK Ltd 4102642/2022 Mr Craig Black -v- Roadbridge UK Ltd 4102654/2022 Mr Andrew Wilson -v- Roadbridge UK Ltd 4102655/2022 Ms Kayla Watson -v- Roadbridge UK Ltd 4102656/2022 Ms Laura Carey -v- Roadbridge UK Ltd 4102657/2022 Mr Ian Moore -v- Roadbridge UK Ltd 4102658/2022 Mr Julius Wallace -v- Roadbridge UK Ltd 4102659/2022 Mr Robert Gibson -v- Roadbridge UK Ltd 4102660/2022 Mr George MacKay -v- Roadbridge UK Ltd 4102662/2022 Mr Drewan John Murray -v- Roadbridge UK Ltd 4102663/2022 Mr Nigel Melville -v- Roadbridge UK Ltd 4102666/2022 Mr James Campbell -v- Roadbridge UK Ltd 4102667/2022 Mr David Corbett -v- Roadbridge UK Ltd 4102669/2022 Mr Mical Knop -v- Roadbridge UK Ltd 4102670/2022 Mr Greig Charles Meikle -v- Roadbridge UK Ltd 4102671/2022 Mr Mark Collins -v- Roadbridge UK Ltd 4102672/2022 Mr Robert Gray -v- Roadbridge UK Ltd 4102673/2022 Mr Christopher McLaughlin -v- Roadbridge UK Ltd 4102674/2022 Mr Steven Given -v- Roadbridge UK Ltd 4102675/2022 Mr William John Francis Tipping -v- Roadbridge UK Ltd 4102676/2022 Mr Ross McColl -v- Roadbridge UK Ltd 4102677/2022 Mr Cathel Docherty -v- Roadbridge UK Ltd 4102681/2022 Mr Eric Bell -v- Roadbridge UK Ltd 4102683/2022 Mr Benjamin John Malcolm Macrae -v- Roadbridge UK Ltd 4102684/2022 Mr John O'Malley -v- Roadbridge UK Ltd 4102685/2022 Mr Callum MacAlasdair -v- Roadbridge UK Ltd 4102686/2022 Mr Cameron Scobbie -v- Roadbridge UK Ltd 4102687/2022 Mr Jason Alexander-Hain -v- Roadbridge UK Ltd 4102688/2022 Mr Ruaridh MacDonald -v- Roadbridge UK Ltd 4102689/2022 Ms Emma Rogers -v- Roadbridge UK Ltd 4102690/2022 Ms Michaela Baldock -v- Roadbridge UK Ltd 4102691/2022 Mr David English -v- Roadbridge UK Ltd 4103807/2022 Mr Pat Green -v- Roadbridge UK Ltd - In Administration 4103808/2022 Mr Neil Green -v- Roadbridge UK Ltd - In Administration 4103810/2022 Mr Kieran Pugh -v- Roadbridge UK Ltd - In Administration 4103811/2022 Mr Martin Mulholland -v- Roadbridge UK Ltd - In Administration 4103812/2022 Mr Shaun Scott -v- Roadbridge UK Ltd - In Administration