Mrs S Walters v System Group Ltd (In Administration): 2402772/2023

EMPLOYMENT TRIBUNALS
Case No 2402772/2023
Between
Mrs S WaltersClaimantSystem Group Limited (In Administration)Respondent
Date 30 October 2023

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21 The Judgment of the Tribunal is that:[1]The respondent failed to consult with the claimant as a person who may be affected by proposals to dismiss, or measures taken in connection with the dismissal of twenty or more employees, in breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.[2]Under Section 189(1)(d), (2), (3) and (4) of the Trade Union and Labour Relations (Consolidation) Act 1992, the Tribunal makes a protective award in respect of the claimant, of 90 days pay beginning on 25 November 2022.[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 claims by the respondent, but the Administrator appointed consented to the claim proceeding.[2]Based upon the information provided, the Tribunal makes the following findings:a. Employees of the respondent were dismissed by Teams call on 25 November 2022 when they were informed that administrators had been appointed.b. The claimant was dismissed on 30 November 2022.c. There was no consultation or genuine consultation.d. One hundred and fifty employees of the respondent were dismissed on, or around, the same date.[3]In these circumstances, the 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 30 November 2022.[4]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 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 every employee to whom the award relates; andb. the date of termination of the employment of each such employee.[5]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. NOTE[6]No response to the claim has been received, and the claim therefore succeeds.