Case 4102652/2023 · Employment Tribunal
the Union v Arjowiggins Scotland Ltd (in administration) — 2023
- Case reference
- 4102652/2023
- Decision date
- 20 December 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Robison Unite
Parties
2 namedClaimant
the Union
Key findings
Tribunal's reasoningThe tribunal dealt with the case on the available material under rule 21 after the response had been struck out under rule 37(1)(a). It recorded that Arjowiggins Scotland Limited (in administration) had proposed to dismiss as redundant more than 20 employees at one establishment, Stoneywood Mill, within a period of 90 days or less, and that the administrator had consented to the continuation of the proceedings by letter dated 12 May 2023.
The tribunal found that the employees covered by the collective bargaining unit, described as manual workers, were dismissed as redundant on 17 February 2023. It held that the complaint that the respondent failed to comply with the section 188 consultation requirement to consult the trade union representing the affected employees before the first dismissal took effect was well founded.
A protective award was made. The tribunal ordered the respondent to pay remuneration for the protected period, which it identified as beginning on 17 February 2023, the date of the first dismissal to which the complaint related, and lasting for 90 days. The extracted text does not state the amount of remuneration awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The complaint was that the respondent failed to comply with the section 188 collective consultation requirement before the first dismissal took effect. The tribunal found the complaint well founded and made a protective award, but the extracted text does not state a monetary sum. | Upheld | — | — |
Legal tests applied
3 references- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- Rule 21 of the Employment Tribunal Rules of Procedure 2013
- Rule 37(1)(a) of the Employment Tribunal Rules of Procedure 2013
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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