Ms D North v Arjowiggins Scotland Ltd (in administration) — 2023

The judgment was issued by Employment Judge M Robison under rule 21 on the available material. The respondent had submitted an out of time response, made no application under Rule 20(1) to extend time, and the response was rejected, so the claim proceeded as undefended.

The tribunal found that Ms D North was entitled to bring the claim because none of the situations in s.189(1)(a), (b) or (c) of the Trade Union and Labour Relations (Consolidation) Act 1992 applied. Although Unite the Union was recognised by the respondent under a collective agreement for manual workers, the claimant was a Customer Service Team Leader and her role was not covered by that agreement.

The tribunal found that the respondent proposed to dismiss as redundant more than 20 employees at one establishment within 90 days or less, and that Ms North was dismissed as redundant on 7 October 2022 at Stoneywood Mill. It held that the complaint that the respondent failed to comply with section 188 TULRCA 1992 by consulting affected employees before the first dismissal took effect was well founded.

The tribunal made a protective award in respect of the claimant. It ordered the respondent to pay remuneration for a protected period beginning on 7 October 2022 and lasting 90 days. The judgment did not state a monetary total for the award.