In person For the v Mr P Howarth, Solicitor — 2020

The claimant, Mr M Bryndza, brought a claim for a protective award after his dismissal on 5 September 2019. He said that more than 100 employees were dismissed and that the respondent had not complied with collective consultation obligations. The respondent said it recognised Unite as the sole independent trade union for its relevant shop-floor employees, including the claimant, and that any claim for a protective award could only be brought by the union.

The tribunal considered the written material and submissions at a preliminary hearing. It noted the relevant provisions of rule 37(1) of the Employment Tribunal Rules of Procedure 2013 and the collective consultation provisions in sections 188 and 189 of TULRCA. The tribunal found that the claimant was an employee of a description in respect of which Unite was recognised by the respondent.

On that basis, the tribunal held that if there had been a failure to comply with section 188, only Unite could bring proceedings under section 189(1)(c) seeking a protective award for the affected employees. The tribunal said that any successful claim would apply to all affected employees, including the claimant, but that the claimant himself had no legal right to bring the claim.

The tribunal therefore concluded that the claimant personally had no reasonable prospect of success and struck out the claim under rule 37(1). No monetary award was made.