National Timber Group Scotland (In Administration)

Case Summary

The claimant was dismissed as redundant by the respondent company, which failed to comply with statutory requirements to elect employee representatives and consult with them before the redundancy dismissals. The tribunal found the complaint well-founded and made a protective award for a 90-day protected period commencing 26 November 2025.

The tribunal found the respondent failed to comply with sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 by failing to ensure employee representatives were elected before consultation on collective redundancy affecting more than 20 employees at one establishment within 90 days.

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• •Failure to comply with section 188 and section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992
• •Failure to elect employee representatives before redundancy consultation
• •Collective redundancy affecting more than 20 employees within 90 days

EMPLOYMENT TRIBUNALS (SCOTLAND) Employment JudgeL Murphy D McDaid Claimant National Timber Group Scotland (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 underrule22. 1.The claimantisentitled to bring thisclaim because the complaint concerns a failureby therespondentrelating to the election of employee representatives, and the claimant was anemployee dismissed as redundant.There was no recognised trade union for the purposes of collective bargaining. 2.Aresponse was presented to this claim within the applicable time limit.The response contained no substantive defence to the claim. 3.Therespondent is inadministration. TheAdministratorwas appointed on 26 November 2025. The Administratorgranted consent for thisclaimto proceed on21 January 2026. 4.The complaint that therespondent failed to comply with a requirement of section 188 and section 188Aof the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded. 5.Therespondentdismissedas redundantmore than 20 employeesat one establishment within aperiod of90daysor less. 6.The respondentfailed 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 ofDanna McDaiddismissed as redundant by the respondentat their site atThornbridge Sawmills,Thornbridge Yard, Laurieston Road,Falkirk,FK3 8XXand therespondent is ordered to pay remuneration for the protected period.The protected period beginson26 November 2025and is for90days. Date sent to parties 12 February 2026