Mr P Ritchie v Arjowiggins Scotland Ltd (in administration) — 2023

The Employment Judge issued judgment on the available material under rule 21. The claimant 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 recognised Unite the Union in respect of manual workers, the claimant worked as Group Financial Controller and was not of a description covered by that collective agreement.

The claimant was dismissed as redundant on 30 November 2022 at Stoneywood Mill. The respondent was in administration, and the administrator consented to continuation of the proceedings by letter dated 18 January 2023. The response was 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 the respondent proposed to dismiss as redundant more than 20 employees at one establishment, Stoneywood Mill, within 90 days or less. It held 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 the claimant. The respondent was ordered to pay remuneration for a protected period beginning on 30 November 2022 and lasting 90 days. No monetary figure for that remuneration was stated in the judgment.