Six Shropshire workers awarded more than £120,000 over work transfer
Six Shropshire workers have been awarded a total of more than £120,000 after complaining they were “kept in the dark” over transfers to another firm.
But the firm, MB Groundbreaking Ltd of Wolverhampton, said by a tribunal judge to be responsible for making the awards, is appealing against the decision.
The workers, some with 20 years service, had been employed by North Midlands Construction Plc on contracts for Carillion Telent.
They transferred from North Midlands Construction Plc to MB Groundbreaking Ltd and then lost their jobs.
The six were among a total of 10 former North Midlands Construction employees who started legal claims last year at Nottingham Employment Tribunal for unfair dismissal, breach of contract and for unpaid wages and holiday pay after complaining they lost their jobs after being transferred, allegedly, without consultation.
They made the claims against North Midlands Construction Plc, MB Groundbreaking Ltd and Future Network Solutions Ltd in Lincolnshire.
The North Midlands firm was said at the tribunal to have had considerable problems with their contracts both in Shropshire and Lincolnshire.
But tribunal Judge Richard Hutchinson said that no stage were the claimants informed about any such problems.
Following a series of tribunal hearings, Mr Hutchinson announced in an updated report that MB Groundbreaking Ltd was responsible for the six Shropshire workers.
As a result, Gary Blunt has been awarded £25,941, William Wallace, got £27,800, Peter Rushton, got £28,466, Winston Pusey, got £21,555, James Hedges was awarded £7,416 and Gary Emery £10, 590.
The amounts included 13 weeks wages.
The judge said that the claimants’ claims that the respondents had failed to comply with the requirements of regulations involving the transfer of undertaking (protection of employees’ requirements) had been well founded.
He said he had made the awards despite MB Groundbreaking’s appeal, because the claimants had waited long enough for an outcome on their claims.
Mr Michael Barrett, representing MB Groundbreaking, told the tribunal that he had not been aware of any obligation to inform and consult, and that in any event, if the Shropshire claimants had been transferred they would have been made redundant with immediate effect.
It was said there were meetings at Telford but Mr Hutchinson said the workers were not provided with any information by the North Midlands firm.
“I am satisfied MB Groundbreaking and Future Network Solutions simply decided to ignore the claimants and their duties towards them,” said Mr Hutchinson.
“They are all jointly responsible for any lack of consultation with the claimants.”
