Mr S Balfour 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 was in administration, and the administrator consented to the continuation of the proceedings by letter dated 22 March 2023. The response was struck out under rule 37(1)(a) on 4 October 2023, although the respondent had stated an intention to defend the claim.

The tribunal found that Mr S Balfour was entitled to bring the claim because none of the situations in section 189(1)(a), (b) or (c) of the Trade Union and Labour Relations (Consolidation) Act 1992 applied. Although the respondent recognised Unite the Union under a collective agreement for manual workers, the claimant worked as a Financial Controller and was not of a description covered by that recognition or agreement.

The claimant was dismissed as redundant on 16 February 2023 at Stoneywood Mill. The tribunal found that the respondent proposed to dismiss as redundant more than 20 employees at that establishment within 90 days or less, and that the complaint that the respondent failed to comply with the consultation requirement in section 188 of the 1992 Act before the first dismissal took effect was well founded.

The tribunal made a protective award in respect of the claimant. The respondent was ordered to pay remuneration for a protected period beginning on 16 February 2023 and lasting 90 days. The judgment did not state a monetary award.