Mrs L Milton v Warehouse Fashions Ltd and others: 2203196/2020
JUDGMENT
The claim against the second Respondent is struck out.REASONS
[1]By a letter dated 30 July 2021 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because it has no reasonable prospect of success.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim against the second Respondent is therefore struck out. _____________________________ Employment Judge Hawksworth 19 October 2021[1]The claimant’s complaint against the first respondent of a failure to comply with the requirements of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 Act (‘the Act’) is well-founded.[2]The tribunal orders the first respondent by way of a protective award under section 189(3) of the Act to pay to the claimant a payment equivalent to remuneration for the period of 90 days beginning on 15 April 2020.[3]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to thisaward.
[4]The claimant has also brought a claim for notice pay. Notice of hearing in respect of that claim will be sent separately.award.
[1]The claimant was employed by the first respondent, a national British fashion retailer which went into administration on 15 April 2020. The claimant brought an employment tribunal claim which was stayed. Case Number: 2203196/2020 Page 2 of 3[2]In the ET3 and grounds of resistance presented on 27 September 2021, the administrators of the first respondent granted consent for the claimant’s claim against the first respondent for a protective award to proceed. The first respondent does not contest the claimant’s claim for a protective award, and does not put forward any representations to the effect that the protected period should be less than 90 days.[3]On consideration of the file of proceedings, it is possible to issue judgment against the first respondent under rule 21 of the Employment Tribunals Rules of Procedure 2013 in respect of the claim for a protective award, without a hearing.[4]The tribunal makes the following findings on the information provided, in respect of the claimant’s claim for a protective award for breaches of the collective consultation requirements under section 188 of the Act.[5]The first respondent proposed to make 91 redundancies at its Olivers Yard site. The first respondent did not fully inform and consult with the claimant in accordance with the provisions of section 188 of the Act 1992. There was no proper warning or consultation with the claimant and no employee representatives were elected or appointed for consultation as required under section 188A of the Act. In the circumstances, the first respondent was in breach of the duty under section 188.[6]The first of the dismissals to which the claim relates took place on 15 April 2020. The claimant was dismissed by reason of redundancy on 15 April 2020. She notified Acas for early conciliation on 26 May 2020 and received the early conciliation certificate on 27 May 2020. She presented her claim in time on 28 May 2020.[7]The tribunal makes an award under section 189 in favour of the claimant for the maximum protected period of 90 days beginning with 15 April 2020.[8]The claimant has also brought a claim for notice pay. Notice of hearing in respect of that claim will be sent separately.[9]The first respondent is advised of the provisions of Regulation 6 of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 (‘the Regulations’).[10]Within 10 days of this decision being promulgated or as soon as is reasonably practicable, the first respondent must comply with the provisions of Regulation 6 of the 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 every employee to whom the award relates; and b) the date of termination of the employment of each such employee.[11]The first respondent will not be required to make any payment under the protective awards made until it has received a recoupment notice from the Case Number: 2203196/2020 Page 3 of 3 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 respondent.[12]More information is contained in the annex to this judgment.