Mr K Neri v Arjowiggins Scotland Ltd (in administration) — 2023

The Employment Judge issued judgment on the available material under Rule 21. The respondent was in administration, but the administrator consented to continuation of the proceedings by letter dated 19 July 2023. The response had been struck out under Rule 37(1)(a) on 4 October 2023, although the respondent had stated an intention to defend the claim.

The Tribunal found that Mr K Neri 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 recognised Unite the Union for manual workers under a collective agreement, Mr Neri worked as a Technical Manager and was not in a role covered by that collective agreement.

Mr Neri was dismissed as redundant on 23 September 2022 at the respondent's Stoneywood Mill site. 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 the complaint that the respondent failed to comply with the consultation requirement in section 188 before the first dismissal took effect was well founded.

The Tribunal made a protective award in respect of Mr Neri. The respondent was ordered to pay remuneration for a protected period beginning on 23 September 2022 and lasting 90 days. The judgment did not state a monetary amount for the award.