Transport and General Workers' Union v Brauer Coley Ltd

EAT: Burton J: 27 October 2006

The claimant union, a trade union recognised by the respondent company in respect of its shop floor engineering section employees, made a complaint under section 189(1)(c) of the Trade Union and Labour Relations (Consolidation) Act 1992 for a protective award for employees dismissed as redundant on the ground that the company had failed to consult the union in accordance with its duty under section 188 of the Act. An employment tribunal upheld the complaint and made a declaration and a protective award in respect of the shop floor engineering section employees but rejected the union's submission that the award should extend to other employees who had been made redundant but in respect of whom the union was not recognised.

The union appealed.

BURTON J held:
A trade union could only make a claim under section 189(1)(c) of the Trade Union and Labour Relations (Consolidation) Act 1992 based on a breach of the consultation obligations owed to the union under section 188 in relation to employees of a description in respect of which the union was recognised by the employer, and it was plain from section 189(3) that the protective award could only be made in favour of those employees who had been made redundant and in respect of whom a complaint had been proved under section 189(1)(c). Accordingly, such an award could not extend to other employees, whether or not members of the union.

The appeal was dismissed.

Appearances: Katherine Newton (Thompsons, Birmingham) for the union; the company did not appear and was not represented.