Mr D P Evans v Broadway Legal Ltd (in creditors voluntary liquidation): 2400258/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013, Rule 21 The respondent not having presented a response to the claims, and on the information before the Judge, The judgment of the Tribunal is that:[1]The claim is well-founded in that the respondent failed to comply with its statutory collective consultation obligations under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 before proposed redundancy dismissals took effect at its establishment at Chambers Business Centre, Chapel Road, Oldham, Lancashire from about 9 November 2018 in respect of the whole workforce employed there.[2]Under Section 189(1)(d), (2), (3) and (4), the Tribunal makes a protective award in respect of the claimant and the respondent is ordered to pay remuneration to him for a protected period of 90 days beginning on 9 November 2018.[3]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to the award.[4]The hearing on 16 May 2019 is cancelled.REASONS
[1]By a claim form presented on 14 January 2019, the claimant claimed a protective award in respect of breach of the collective consultation requirements. No response was presented to the claims by the respondent, which is in voluntary creditors liquidation.[2]On a full consideration of the file of proceedings it was possible to issue this Judgment under Rule 21 without a hearing.[3]On the information provided, the Tribunal makes the following findings. The respondent carried on business as a solicitors’ practice employing over 20 employees at Chambers Business Centre, Chapel Road, Oldham, Lancashire. There was no trade union recognised for collective bargaining, consultation or negotiation with the workforce.[4]Within a short time from 9 November 2018 onwards, 21 employees were made redundant as the business was subject to an intervention by the Solicitors Regulation Authority on 22 November 2019 and immediately ceased to practice. The company was formally put into creditors voluntary liquidation on 16 December 2018.[5]There was no proper warning or notice given to or consultation with the workforce. No employee representatives had been elected or appointed for any such consultation. All the claimant was notified was that he should not attend for work on 12 November 2018, by text on 11 November, but that there would be a meeting on 14 November. In the event, that meeting was cancelled and, on about 15 November 2018, the claimant was told he had been made redundant as of 9 November. Other dismissals were put into effect at about the same time and there was no attempt to provide information or collective consultation.[6]In these circumstances, the 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 claimant for the maximum protected period of 90 days commencing on 9 November 2018.[7]The respondent is advised of the provisions of Regulation 5 of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996, such that, within 10 days of the decision in these proceedings being promulgated or as soon as is reasonably practicable, the first 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 claimant; and(b) the date of termination of the employment of the claimant.[8]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.