Bawtry Carbon Ltd (in administration) and Secretary of State for Business and Trade

Case Summary

Unite the Union brought a complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 against Bawtry Carbon Limited for failure to comply with section 188 consultation requirements in relation to redundancies. The tribunal found the complaint succeeded and ordered a protective award for affected employees.

The tribunal found that Bawtry Carbon Limited failed to comply with the statutory requirement under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 to consult with the union before making redundancies, and therefore made a protective award under section 189(3).

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Failure to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
• •Protective award under section 189(3) for failure to consult on redundancies

Case No: 1801047/2025 10.2 Judgment - rule 61 March 2017 EMPLOYMENT TRIBUNALS Claimant: Unite the Union Respondents: (1) Bawtry Carbon Limited (in administration) (2) Secretary of State for Business & Trade JUDGMENT 1. The claimant’s complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the first respondent to comply with the requirements of section 188 of the 1992 Act succeeds. 2. The Tribunal orders that the first respondent, by way of protective award under section 189(3) of the 1992 Act, pay to all production operatives, factory operatives, warehouse operatives, machine operators, kiln operators, KHD operators, maintenance fitters and other maintenance staff in non-supervisory roles (employees of a category which the claimant represented) at the respondent’s Doncaster site who were dismissed for redundancy between 31 January 2024 and 11 March 2024 for the period of 90 days beginning on 31 January 2024. 3. The Recoupment Regulations apply to this award. Employment Judge Maidment Date 14 May 2026