Claimant v Arjowiggins Scotland Limited (in Administration)

Outcome

Facts

Unite the Union applied to reconsider previous protective award judgments which had limited the award to 'manual workers'. Evidence from the former HR Director and union representatives established that while national collective agreements covered production and engineering workers, the custom and practice at the respondent paper mill was that pay negotiations conducted by Unite resulted in pay increases for all employees (manual, office staff, and management). This practice had been in place since at least 2012. The respondent had gone into administration and did not oppose the application.

Decision

The tribunal granted the reconsideration application despite it being late, finding the balance of prejudice favoured the claimants and there was no opposition from the administrators or Secretary of State. Based on the evidence of custom and practice, the tribunal found that Unite was recognised as negotiating for all employees, not just manual workers. The original judgments were varied to replace 'manual' with 'all' workers in the collective bargaining unit.

Practical note

Legal authorities cited