National Timber Group Scotland Ltd (In Administration)

Case Summary

54 claimants who were dismissed as redundant by National Timber Group Scotland Ltd brought claims alleging failure to comply with collective redundancy consultation requirements under the Trade Union and Labour Relations (Consolidation) Act 1992. The respondent was in administration and did not present a response within the applicable time limit. The tribunal found the complaint well-founded and made a protective award of 90 days' remuneration commencing 26 November 2025.

The respondent failed to comply with the requirement under section 188 and section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 by failing to ensure that employee representatives were elected in accordance with s.188A and then consult with them in accordance with s.188 when dismissing more than 20 employees within a 90-day period.

• •Failure to comply with section 188 and section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992
• •Failure to ensure employee representatives were elected in accordance with s.188A
• •Failure to consult with employee representatives in accordance with s.188
• •Redundancy of more than 20 employees at one establishment within 90 days or less

EMPLOYMENT TRIBUNALS (SCOTLAND) & 53 others (see attached schedule) Employment Judge L Murphy Mr D Macfarlane & 53 others Claimant National Timber Group Scotland Ltd (In Respondent Administration) JUDGMENT Rule 22 of the Employment Tribunal Procedure Rules 2024 The Employment Judge has decided to issue the following judgment on the available material under rule 22. 1. The claimants are entitled to bring these claims because the complaint concerns a failure by the respondent relating to the election of employee representatives, and the claimants were employees dismissed as redundant. There was no recognised trade union for the purposes of collective bargaining. 2. No response was presented to this claim within the applicable time limit. 3. The respondent is in administration. The Administrator was appointed on 26 November 2025. The Administrator granted consent for these claims to proceed on 23 January 2026. 4. The complaint that the respondent failed to comply with a requirement of section 188 and section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded. 5. The respondent dismissed as redundant more than 20 employees at one establishment within a period of 90 days or less. 6. The respondent failed to ensure that employee representatives were elected in accordance with s.188A, and then to consult with them in accordance with s.188. 7. The Tribunal makes a protective award in respect of Mr D Macfarlane & 53 others (as per attached schedule) dismissed as redundant by the respondent at their site at Earl’s Road, Grangemouth, FK3 8UU and the respondent is ordered to pay remuneration for the protected period. The protected period begins on 26 November 2025 and is for 90 days. 19 February 2026 Date sen…