Unite The Union v Arjowiggins Scotland Ltd (In Administration): 4102543/2023
JUDGMENT
The Employment Judge has decided to issue the following judgment on the available material under rule 21.[1]The claimant is entitled to bring this claim because the complaint concerns a failure relating to representatives of a trade union, and the claimant is the relevant union.[2]The respondent is in administration, but the administrator consented to the continuation of these proceedings in a letter dated 2 August 2023.[3]The respondent did not enter into proceedings and no response form was submitted[4]The respondent proposed to dismiss as redundant more than 20 employees at one establishment, namely Stoneywood Mill, within a period of 90 days or less.[5]Employees covered by the collective bargaining unit (manual workers) were dismissed as redundant on 30 November 2022 by the respondent at their site at Stoneywood Mill.[6]The complaint that the respondent failed to comply with the requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 to consult the union which represents employees affected by proposed dismissals before the first dismissal took effect is well founded.[7]The Tribunal makes a protective award. The respondent is ordered to pay remuneration for the protected period. The protected period begins 30 November 2022, the date on which the first of the dismissals to which the complaint relates took effect and is for 90 days.