Mr A Finnemore and Others v Whittle Interiors Ltd (in administration) and Secretary of State Business Energy & Industrial Strategy: 1401292/2022 and Others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The 1st Respondent not having presented a response to the claims and the Secretary of State making legal submissions prior to the rule 21 Judgment, and on the information before the Judge, the judgment of the Tribunal is that:[1]The Claimants’ complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) of a failure by the 1st respondent to comply with the requirements of section 188 of the 1992 Act are well-founded.[2]The Tribunal orders the 1st respondent by way of a protective award under section 189(3) of the 1992 Act to pay to the Claimants a payment equivalent to remuneration for the period of 90 days beginning on 25 February 2022.[3]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to this award.REASONS
[1]The Claimants claimed a protective award in respect of breaches of the collective consultation requirements under the 1992 Act. No response was presented to the claim by the 1st respondent. The 2nd Respondent asked that the Tribunal ensured that the Claimants were eligible to bring their claims. It said that it was unable to comment on whether there was a failure by the employer to consult more than 20 employees before making them redundant.[2]The 1st Respondent is in administration. By email dated 10 November 2022 the joint administrators consented to the claims being brought.[3]On full consideration of the file of proceedings it was possible to issue this Judgment under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 in respect of the claim for protective awards without a hearing.[4]On the information provided, the Tribunal makes the following findings. 4.1. The 1st Respondent employed over 20 employees at Unit 10, Airfield Way, Christchurch BH23 3TF. 4.2. The Claimants were not a member of a recognised trade union nor part of a bargaining unit. There were no elected employee representatives. 4.3. The 1st Respondent went into administration on 17 February 2022. 4.4. On 25 February 2022 the Claimants (and some 30 others) were notified of termination of employment with immediate effect. 4.5. There was no proper warning or notice given to or consultation with the recognised trade unions or the Claimants. There was no consultation with the claimant. In addition, no employee representatives had been elected or appointed for any such consultation within section 188A of the 1992 Act.[5]In the circumstances, the 1st respondent is in breach of the duty under section 188 of the 1992 Act and the Tribunal makes an award under section 189 in favour of the Claimants for the maximum protected period of 90 days commencing on 25 February 2022.[6]The 1st Respondent is advised of the provisions of regulation 6 of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996, such that, within ten days of the decision in these proceedings being promulgated or as soon as is reasonably practicable, the 1st Respondent must comply with the provisions of regulation 6 of the 1996 Regulations and, in particular, must supply to the Secretary of State the following information in writing:(a) The name, address and national insurance number of the Claimants to whom the award relates; and(b) The date of termination of the employment of the Claimants.[7]The 1st Respondent will not be required to make any payment under the protective awards made until it has received a recoupment notice from the Secretary of State or notification that the Secretary of State does not intend to serve a recoupment notice having regard to the provisions of regulation 7(2). The Secretary of State must normally serve such recoupment notice or notification on the employer within 21 days of receipt of the required information from the 1st Respondent.