Mr S Beaton v Arjowiggins Scotland Ltd (in administration) — 2023

The tribunal decided the case on the available material under rule 21 after the respondent’s response had been struck out under rule 37(1)(a). It found that Mr S Beaton was entitled to bring the claim because none of the situations in s.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 in respect of manual workers, the claimant’s role as a System Analyst was not covered by that agreement.

The tribunal found that the respondent proposed to dismiss more than 20 employees at one establishment, Stoneywood Mill, within a period of 90 days or less, and that Mr Beaton had been dismissed as redundant on 30 November 2022. It held that the complaint that the respondent failed to comply with the s.188 consultation requirement before the first dismissal took effect was well founded.

A protective award was made in respect of the claimant. The judgment states that the respondent was ordered to pay remuneration for the protected period, which began on 30 November 2022 and lasted for 90 days, but the extracted text does not specify a monetary figure.