Mr R Robertson v Arjowiggins Scotland Ltd (in administration) — 2023

Employment Judge M Robison issued judgment under rule 21 on the available material after the respondent did not enter proceedings and no response form was submitted. The respondent was in administration, but the administrator consented to continuation of the proceedings by letter dated 23 November 2022.

The tribunal found that Mr Robertson 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 had a collective agreement with Unite the Union for manual workers, Mr Robertson worked as an IT Analyst and was not of a description in respect of which an independent trade union was recognised.

Mr Robertson was dismissed as redundant on 22 September 2022 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 section 188 TULRCA 1992 by consulting affected employees before the first dismissal took effect was well founded.

The tribunal made a protective award in respect of Mr Robertson and ordered the respondent to pay remuneration for the protected period. The protected period began on 22 September 2022 and lasted for 90 days. No monetary amount was stated in the judgment.