the Union v Attached schedule) Represented by: Ms R Lawson – Solicitor Newman Bonar Ltd (in Liquidation) — 2024

BYL entered administration on 31 March 2023 and sold its yarn manufacturing business as a going concern to the respondent on 19 April 2023. The tribunal found that this was a relevant transfer under regulation 3 of the TUPE 2006 Regulations, and that the first claimant union, which had been recognised by BYL for collective bargaining for all classes of employees, was deemed recognised by the respondent under regulation 6.

On or around 25 October 2023 the respondent told the workforce at St Salvador Street, Dundee, that it would be entering liquidation and dismissed most employees immediately by reason of redundancy, with the dismissals confirmed by letter dated 30 October 2023. The tribunal found that there had been no consultation with the union or with any of the affected employees, no elections had been arranged, and no prior information had been provided. It held that the respondent was proposing to dismiss 20 or more employees at one establishment within a period of 90 days or less, so section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 was engaged.

The first claimant's complaint succeeded and the tribunal made a declaration and a protective award. It held that the first dismissals took effect on 25 October 2023 and, taking account of the respondent's total default and the absence of mitigating circumstances, fixed the protected period at the full 90 days beginning with that date. The second claimants' complaints were dismissed because they did not have title to sue as employees. The tribunal also found that the complaint was presented in time, with the three-month period extended by early conciliation.