Ms C Iddon v BPS Solicitors Ltd (in creditors voluntary liquidation) and The Secretary of State for Business and Trade: 2404324/2025
JUDGMENT
Employment Tribunal Procedure Rules 2024, Rule 22 The first respondent not having presented a response to the claim and the Secretary of State making legal submissions prior to the rule 22 Judgment, and on the information before the Judge, The judgment of the Tribunal is that:[1]The claimant’s complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (the 1992 Act) of a failure by the first respondent to comply with the requirements of section 188 of the 1992 Act is well-founded.[2]It was not reasonably practicable for the claimant to start proceedings in accordance with the prescribed time limits. However, the claimant started proceedings within a reasonable time thereafter.[3]The Tribunal orders the first respondent by way of protective award under section 189(3) of the 1992 Act to pay to the claimant a payment equivalent to remuneration for the period of 90 days beginning on 22 August 2024.[4]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to these awards.REASONS
[1]The claimant claimed a protective award in respect of breaches of the collective consultation requirements under the 1992 Act. No response was presented to the claim by the first respondent.[2]The first respondent is in creditors voluntary liquidation.[3]The second respondent takes part in these proceedings as a statutory guarantor pursuant to Part XII of the Employment Rights Act 1996.[4]On a full consideration of the file of proceedings it was possible to issue this Judgment under Rule 22 in respect of the claim for a protective award without a hearing.[5]On the information provided, the Tribunal makes the following findings.[6]The first respondent employed over 20 employees at the site where the claimant was employed: 101 Old Hall Street, Liverpool, L3 9BP. There was no trade union recognised for collective bargaining, consultation or negotiation with the workforce at either site.[7]The employees were all told at a meeting on 22 August 2024 that the Solicitors Regulation Authority had ordered the first respondent to cease trading and all employees were told to leave the premises.[8]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.[9]In these circumstances, the first 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 22 August 2024.[10]The first 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 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: 10.1. the name, address and national insurance number of every employee to whom the award relates; and 10.2. the date of termination of the employment of each such employee.[11]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. Approved by