Claimant v Roadbridge UK Limited (in administration) — 2023

The case was heard via Cloud Video Platform in Glasgow on 17 January 2023 before Employment Judge C McManus. The claimant and his spouse attended. The respondent was not present and was not represented. The tribunal noted that a case management order requiring the claimant to lodge documents and details of financial loss had not been complied with, and no documents were available for the hearing.

The claimant said he had been employed by Roadbridge UK Limited from 25 November 2021 until 5 October 2022, when the respondent ceased operations at its Creagh Riabhach Wind Farm site, where around 30 employees worked. He said he had not received correspondence about the termination of employment or his P60, and that he only later learned from others that claims might be possible. He said he contacted Thompsons Solicitors and then ACAS, and the claim was lodged on 5 October 2022.

The tribunal held that the claim for a protective award was time barred under section 189(5) of the Trade Union and Labour Relations (Consolidation) Act 1992. It found that it was reasonably practicable for the complaint to have been presented in time and that no special circumstances applied. On that basis, the tribunal said it had no jurisdiction to hear the claim and dismissed it.

The judgment adds that the decision does not affect any entitlement under section 190(1) of the 1992 Act in respect of any other tribunal decision making a protective award for employees of a description including the claimant.