the Union v Written Submissions Marmac Services Limited (in liquidation) — 2021

The claimant was Unite the Union, an independent trade union formally recognised by the respondent for collective bargaining for electrical apprentices, electrical engineers, apprentice plumbers, plumbers and administrative staff. The respondent entered liquidation proceedings on 29 May 2020 and dismissed all 45 employees by reason of redundancy on that date. An interim liquidator was appointed on 3 June 2020, and the Court later granted leave on 26 August 2020 for the proceedings to be brought or continued against the respondent.

The tribunal held that the respondent failed to consult with representatives of the affected employees in accordance with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It recorded that, where the failure relates to representatives of a trade union, the union has title to sue under section 189(1)(c) on behalf of all employees in respect of whom it is recognised, whether or not they are union members. The respondent did not defend the claim.

The tribunal found the claim well founded and made a protective award under section 189 in favour of all employees of the respondent who were made redundant on or within 90 days of 29 May 2020. It ordered the respondent to pay remuneration to the employees for a protected period of 30 days from 29 May 2020. The extracted judgment does not state a single aggregate monetary figure for the award.