Unite is representing 263 members who are seeking compensation due to Carillion’s failure to inform and consult them before they lost their jobs in the company’s collapse into liquidation.
The Employment Appeal Tribunal (EAT) confirmed that the case could proceed, dismissing Carillion’s appeal.
In January the Employment Tribunal rejected Carillion’s argument that what they claimed were ‘special circumstances’ relating to the company’s January 2018 collapse meant no protective awards should be made to workers for failure to consult. Carillion mounted an appeal that was heard in the Employment Appeal Tribunal on 6th July.
The president of the Employment Appeal Tribunal ruled that the decision made at the original employment tribunal to allow the cases to proceed was correct.
A seven-week hearing is scheduled for 2022, when the decision to award members a protective award for the failure of Carillion to inform and consult them, will be made.
Unite assistant general secretary for legal affairs Howard Beckett said: “This was a vitally important case not just for the former Carillion workers but all workers, who lose their jobs without warning in the future.
“Unite made a commitment when Carillion collapsed to do everything possible to protect our members who lost their jobs without warning through no fault of their own. Three and half years later we are still fighting for our members to receive the compensation they deserve.
“While this was an important victory the battle for compensation for our members is far from over and Unite will continue to represent them until this case is finally resolved.”