Miss A Taylor v Life Schools Ltd (in creditors voluntary liquidation) and Secretary of State for Department of Business and Trade: 2404938/2024 and 2404941/2024
REASONS
[1]The claimant claimed a protective award in respect of a breach 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 liquidation, and the liquidators have not presented a response on behalf of the first respondent.[3]The second respondent, as an interested party, did not support or resist the claim.[4]On a full consideration of the file of proceedings, and having heard evidence from the claimant and the claimant’s colleague Mrs Quilty, it was possible to issue this Judgment under Rule 22 in respect of the claim for a protective award.[5]On the information provided, the Tribunal makes the following findings.[6]The first respondent employed over 20 employees where the claimant was employed. There was no trade union recognised for collective bargaining, consultation or negotiation with the workforce at the site.[7]The employees were told on 24 July 2024 that the first respondent was closing down and they were all being made redundant with immediate effect.[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 24 July 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 the claimant; and 10.2. the date of termination of the employment of the claimant.[11]The first 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 respondent. Approved by: