GMB v SE-Tek Ltd (in administration) — 2023

The tribunal found that, as at 22 June 2022, Se-Tek Limited was proposing to dismiss as redundant 20 or more employees within 90 days or less at its West Quay Road site in Sunderland. Unite the Union was recognised by the respondent for collective bargaining, and the tribunal held that the site was an establishment for the purposes of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.

On that basis, the respondent was required to consult the union as an appropriate representative about the proposed dismissals and any related measures. The tribunal found that the respondent failed to comply with section 188(4). It also found that the complaint under section 189 was presented in time and that there was nothing before it to suggest it was not reasonably practicable for the respondent to comply with its consultation obligations.

The tribunal concluded that the complaint was well founded and that it was appropriate to make a protective award. It noted that the dismissals took place in two tranches, with the first tranche on 1 July 2022. Applying the guidance in Susie Radin Ltd v GMB, and noting that there was no information before the tribunal indicating that any consultation took place in the manner required by section 188(4) or that there were mitigating circumstances, it ordered the maximum protected period of 90 days.

The award was expressed as a payment equivalent to remuneration for that 90-day period to each employee in respect of whom the claimant union was recognised by the respondent for collective bargaining. The Employment Protection (Recoupment of Benefits) Regulations 1996 were stated to apply to the award.