Claimant v UK Windows and Doors Group Ltd
Outcome
Individual claims
The First Respondent conceded that it failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of the Claimants within the award. The Tribunal made a protective award of 90 days for employees at Taffs Well, Williamstown, Treorchy and Evolution sites who were dismissed as redundant on or after 25 September 2023.
The following Claimants agreed that their claims for notice pay should be withdrawn and dismissed: Mr D Griffiths and Mr G Bennett.
The following Claimants agreed that their claims for unfair dismissal should be withdrawn and dismissed: Mr D Griffiths.
Facts
UK Windows and Doors Group Ltd dismissed employees as redundant from multiple sites (Taffs Well, Williamstown, Treorchy and Evolution) on or after 25 September 2023. Community the Union was recognised by the First Respondent under a collective agreement covering production workers and Class 1 & 2 drivers. The First Respondent conceded that it failed to comply with the consultation requirements under section 188 of TULRCA 1992. Multiple individual claims were also brought, many of which were duplicates or withdrawn. Remaining claims regarding Llwynpia and Perry Barr sites are to be determined at a final hearing.
Decision
The Tribunal made a protective award of 90 days remuneration beginning on 25 September 2025 in favour of all affected employees at the Taffs Well, Williamstown, Treorchy and Evolution sites who were dismissed as redundant on or after 25 September 2023. This was based on the First Respondent's concession that it failed to comply with its consultation obligations. Claims by individuals within the bargaining unit (except Sean Luff) were withdrawn as they cannot lawfully bring claims individually. Various duplicate claims and some notice pay and unfair dismissal claims were also withdrawn and dismissed.
Practical note
Where an employer concedes breach of collective consultation duties under s.188 TULRCA 1992, tribunals will make protective awards of up to 90 days pay; individual employees within recognised bargaining units cannot bring separate claims but are covered by the union's collective claim.
Legal authorities cited
Statutes
Case details
- Case number
- 1603298/2023
- Decision date
- 1 July 2025
- Hearing type
- remedy
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- union