National Timber Group Scotland Ltd (In Administration)

Case Summary

The claimant, dismissed as redundant when the respondent dismissed more than 20 employees within 90 days, claimed breach of duty to consult under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The respondent failed to respond to the claim and is in administration. The tribunal found the complaint well-founded and made a protective award ordering payment of remuneration for a 90-day protected period.

The respondent failed to ensure that employee representatives were elected in accordance with section 188A and then to consult with them in accordance with section 188 before dismissing more than 20 employees at one establishment within a 90-day period, thereby breaching statutory consultation requirements.

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 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992
• •Failure to elect employee representatives before collective redundancies
• •Failure to consult with employee representatives regarding redundancy dismissals

EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judge E Mannion Mr G Wilson 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 claimant is entitled to bring this claim because the complaint concerns a failure by the respondent relating to the election of employee representatives, and the claimant was an employee 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 this claim to proceed on 25 February 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 the claimant dismissed as redundant by the respondent at their site at Thornbridge Yard, Laurieston Road, Falkirk, FK3 8XX 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. 5 March 2026 Date sent to parties