Mrs T Almond v M & A Pharmachem Ltd (in administration): 2402761/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The Judgment of the Tribunal is that:[1]The claimant’s claim that the respondent failed to comply with the section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”) is well founded.[2]Under Section 189(1)(d), (2), (3) and (4) of TULRCA the Tribunal makes a protective award for a protected period of 90 days beginning on 27 January 2022, in respect of the claimant’s employment.[3]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to this award.REASONS
[1]The claimant claimed a protective award in respect of breach of the collective consultation requirements. No response was presented to the claim by the respondent.[2]The Tribunal makes the following findings based upon the claim:a. The respondent carried on business in Westhoughton, Bolton (the establishment). There was a trade union was recognised for collective bargaining, consultation or negotiation for employees “in the production and packing departments up to but not including first-line managers” but this did not apply to the claimant. There were no elected representatives.b. The workforce at the establishment was advised that the respondent had been placed into administration on 27 January 2022 and all employees were either told that they were or would be deemed to be redundant from date. They were dismissed with immediate effect.c. The respondent employed approximately 93 employees at the establishment, all of whom were dismissed on, or around, the same date.d. 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.[3]There was no proper warning or notice given to, or consultation with, the appropriate representatives. The claimant was dismissed without any consultation or advance notice.[4]In these circumstances, the respondent was in breach of the duty under Section 188 of TULRCA and the Tribunal makes an award under Section 189 in favour of the claimant for the maximum protected period of 90 days commencing on 27 January 2022.[5]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 full name, address and national insurance number of the claimant; andb. confirmation of the date of termination of her employment.c. The respondent will not be required to make any payment under the protective award 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[1]No response to the claim has been received, and the claim therefore succeeds.[2]A protective award is a two-stage process. The Tribunal at this stage makes no financial award 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 respondent (or the Secretary of State), quantifying the same.[3]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 TULRCA for payment of the award.