Miss C Howard and others v A1 Nursing and Homecare Agency (in Creditors Voluntary Liquidation): 2400687/2020 and others
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 claims by the respondent.[2]The respondent is in creditors voluntary liquidation.[3]On a full consideration of the file of proceedings it was possible to issue this Judgment under Rule 21 in respect of the claims without a hearing. Code P under the case number above reflects this.[4]On the information provided, the Tribunal makes the following findings.[5]The respondent employed over 20 employees at the head office. There was no trade union recognised for collective bargaining, consultation or negotiation with the workforce.[6]The employees were all told at a meeting on 28 October 2019 that the respondent was closing down and they were all being made redundant with immediate effect.[7]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 within Section 188A of the 1992 Act.[8]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 claimants for the maximum protected period of 90 days commencing on 28 October 2019.[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, such that, within 10 days of the decision in these proceedings being promulgated or as soon as is reasonably practicable, the 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: 9.1. the name, address and national insurance number of every employee to whom the award relates; and 9.2. the date of termination of the employment of each such employee.[10]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 first respondent.[11]The claimants claimed unlawful deduction from wages contrary to section 13 of the Employment Rights Act 1996.[12]The first claimant was entitled to £2476.08 gross wages for the period 29 September 2019 to 27 October 2019. The first claimant only received £1799.52 gross wages for that period. The first claimant suffered an unlawful deduction of wages of £676.56 gross for that period.[13]The second claimant was entitled to £2258 gross wages for the period 29 September 2019 to 27 October 2019. The second claimant only received £1071 gross wages for that period. The second claimant suffered an unlawful deduction of wages of £1187 gross for that period.[14]The third claimant was entitled to £2006.76 gross wages for the period 29 September 2019 to 27 October 2019. The third claimant only received £1872.40 gross wages for that period. The third claimant suffered an unlawful deduction of wages of £134.36.[15]The first claimant worked for the respondent from 1 May 2017 to 28 October 2019. The first claimant was born on 27 May 1997. Therefore, in accordance with section 162(2)(c) of the Employment Rights Act 1996 she is entitled to half a week’s pay for each complete year of employment with the respondent at the rate of £525 per week in accordance with Employment Rights (Increase of Limits) Order 2019.[16]The second claimant worked for the respondent from 15 October 2015 to 28 October 2019. The second claimant was born on 9 October 1985. Therefore, in accordance with section 162(2)(b) of the Employment Rights Act 1996 she is entitled to a week’s pay for each complete year of employment with the respondent at the rate of £525 per week in accordance with Employment Rights (Increase of Limits) Order 2019.