the Union v Arjowiggins Scotland Ltd (in administration) — 2023

The tribunal issued judgment under rule 21 on the available material after the respondent did not enter proceedings and no response form was submitted. It found that the claimant union was entitled to bring the claim because the complaint concerned a failure relating to representatives of a trade union, and it noted that the respondent's administrator had consented to continuation of the proceedings by letter dated 2 August 2023.

The tribunal found that the respondent proposed to dismiss as redundant more than 20 employees at one establishment, Stoneywood Mill, within a period of 90 days or less, and that employees in the collective bargaining unit identified as manual workers were dismissed as redundant on 30 November 2022. It held that the complaint that the respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 by consulting the union before the first dismissal took effect was well founded.

A protective award was made. The tribunal ordered the respondent to pay remuneration for a protected period of 90 days beginning on 30 November 2022, being the date on which the first of the relevant dismissals took effect. The judgment did not quantify the monetary value of that remuneration.