Mr B Stevenson v Halton Borough Transport Ltd (in voluntary liquidation) and Secretary of State for Business Energy and Industrial Strategy: 2402631/2020
REASONS
[1]The claimant was employed by the first respondent from 4 October 1997 until 25 January 2020, latterly as Director of Operations. The claimant claimed a protective award in respect of breach of the collective consultation requirements. No response was presented to the claim by the respondents.[2]The hearing was conducted by CVP remote video technology. It was attended by the claimant. He was represented by Ms Johns, counsel. He gave evidence under oath. Ms Johns made submissions. The respondents did not attend, no response having been submitted by either of them.[3]The Tribunal makes the following findings:a. The first respondent carried on business in Halton. Whilst there was a trade union recognised for collective bargaining, consultation and negotiation with other parts of the first respondent’s workforce, the claimant as Operations Director was not included within the recognised bargaining unit;b. The claimant was advised that the first respondent had been placed into administration on 23 January 2020, at the same time as the other employees of the respondent. He was dismissed with immediate effect on 25 January 2020. There was no consultation with the claimant;c. The first respondent employed approximately 150 employees at the establishment, all of whom were dismissed on, or shortly after, the same date.[4]There was no proper warning or notice given to or consultation with the claimant. No employee representatives had been elected or appointed for any such consultation within Section 188A of the 1992 Act in respect of him. The dismissals were put into effect without any consultation or advance notice.[5]In these circumstances, the first respondent was 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 25 January 2020.[6]The first 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; andb. the date of termination of the claimant.[7]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 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. NOTE[8]A protective award is a two-stage process. The Tribunal at this stage makes no financial awards, but gives a judgment that the claimant is entitled to a protective award in the terms set out above. The claimant must then seek payment of their individual award from the first respondent (or the second respondent), quantifying the same.[9]Failure to pay (should that occur), or any dispute as to the amount payable, then becomes a matter for a further separate claim under s.192 of the Trade Union and Labour Relations (Consolidation) Act 1992 for payment of the award.