Miss M Cameron v Warehouse Fashions Ltd (in administration): 2203455/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – rule 21 The respondent having stated that it does not contest the claim for a protective award, and on the information before the judge, the judgment of the tribunal is that:[1]The claimant’s complaint against the 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 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 this award.[4]The claimant has a claim for notice pay against the respondent. Notice of hearing in respect of that claim will be sent separately.REASONS
[1]The claimant was employed by the respondent, a national British fashion retailer which went into administration on 15 April 2020. The claimant brought an employment tribunal claim which was stayed pending consent from the administrators of the respondent.[2]In the ET3 and grounds of resistance presented on 27 September 2021, the administrators of the respondent granted consent for the claimant’s claim against the respondent for a protective award to proceed. The respondent does not contest the claimant’s claim for a protective award, and does not put Page 1 of 3 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 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 respondent proposed to make 91 redundancies at its Olivers Yard site. The 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 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 30 April 2020. The claimant’s claim was presented in time on 12 June 2020 after Acas early conciliation which started and ended on 12 June 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 a claim for notice pay against the respondent. Notice of hearing in respect of that claim will be sent separately.[9]The 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 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 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 respondent. Page 2 of 3[12]More information is contained in the annex to this judgment.[1]The claim for breach of contract in respect of notice pay succeeds.[2]The respondent is ordered to pay the claimant the sum of £1,625. This is the gross figure due, prior to any payment from the Redundancy Payments Service. Payment of the net sum less any payment made by the Redundancy Payments Service may be made, provided tax and national insurance are properly accounted for.[1]The claimant was employed by the respondent, a national British fashion retailer which went into administration on 15 April 2020. The claimant brought an employment tribunal claim making claims for a protective award (for failure to consult) and for notice pay. The claim was stayed pending consent from the administrators of the respondent.[2]In the ET3 and grounds of resistance presented on 27 September 2021, the administrators of the respondent granted consent for the claimant’s claim against the respondent to proceed. The respondent did not contest the claimant’s claim for a protective award; judgment for a protective award was issued dated 28 January 2022.[3]The claimant’s notice pay claim was considered at a hearing by video on 18 July 2022. The claimant did not attend and was not represented. The tribunal accepts the information provided in the claimant’s claim form (ET1) that she was entitled to 1 months’ notice and that she was not given notice or pay in lieu of notice. The tribunal accepts the information given in the claimant’s claim form that her gross monthly salary was £1,625. This is the gross figure and does not give credit for any sums in respect of notice paid to the claimant by the Redundancy Payments Service. Accordingly, the debt to the claimant Page 1 of 2 Case Number: 2203455/2020 may be satisfied by payment of the net figure, provided tax and national insurance are properly accounted for, less any sum paid to the claimant in respect of notice by the Redundancy Payments Service.