Former WCB employees win unfair dismissal tribunal

The tribunal, at Bristol Employment Tribunal on 11-12 January, found that Weston-super-mare-based UBB was a continuation of WCB, which went into liquidation in March 2011.

Unite handled the case on behalf of its members, claiming for automatic unfair dismissal (under TUPE) and protective awards under TUPE and TULR(C)A 1992.

According to the union, UBB, which was incorporated on 6 December 2010, reemployed the majority of WCB employees the same day as it went into liquidation, excluding the seven employees that have gone to tribunal.

The tribunal agreed that all members were dismissed for unfair reasons under TUPE and that two maximum protective awards are due to the union for the failures to adequately inform and consult the union under the relevant provisions of TUPE and TULR(C)A 1992.

A separate remedies hearing is to be scheduled in order to ascertain how much each of the former employees is owned, however, Unite's lawyers believe that the losses are in the region of £130,000-£140,000 in total.

Unite regional officer Martin Hodges told PrintWeek: "The tribunal has agreed that UK Book Binders is a continuation of West Country Binders' business.

"Too many employers are looking for the easy way out of their obligations to employees and creditors.

"Unite is concerned and appalled that any company can get away with closing down and opening up with a new name and we will pursue any company trying to get away with that."

UBB was not available for comment.