Mr D Perkins v Styles & Wood Ltd (in Administration): 2405528/2020

EMPLOYMENT TRIBUNALS

Case No 2405528/2020

Between

Not required to attendClaimant

Styles & Wood Ltd (in Administration)Respondent

Before

Employment Judge McDonald

Not required to attend for claimant

Not represented for respondent

Date 2 May 2023

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21 The respondent having stated that the claims were not contested, and on the information before the Judge, the Judgment of the Tribunal is that:

[1]The respondent failed to consult with the claimant, being 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, and the respondent is ordered to pay remuneration to the claimant for a protected period of 90 days beginning on 28 February 2020.

[3]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 applies.

[4]The claimant’s claims for notice pay, unpaid holiday and unpaid pension are dismissed on withdrawal.

REASONS

[1]The claimant claimed a protective award in respect of breach of the collective consultation requirements. The response presented to the claims and those of his fellow employees under lead case 2402383/2020 by the respondent confirmed that the claims were not contested.

[2]The Tribunal makes the following findings based upon the claim:a. The respondent had no trade union recognised for collective bargaining, consultation or negotiation with the workforce. There were no elected representatives;

b. The claimant was advised that the respondent was to be, or had been, placed into administration on 26, 27 or 28 February 2020. The first of the redundancies took effect on 28 February 2020. There was no consultation with the claimant;

c. The respondent employed over 200 employees at the establishment, all of whom were dismissed on, or around, the same date.

[3]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. The dismissals were put into effect without any consultation or information being provided in writing in advance.

[4]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 each of the claimants for the maximum protected period of 90 days commencing on 28 February 2020.

[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 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; and

b. the date of termination of the employment of each such employee.

[6]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.

[7]This Judgment applies to the claims for protective awards only.

[8]The claimant confirmed by an email dated 15 January 2023 that he withdraws his claims for notice pay, unpaid holiday and unpaid pension. Those claims are dismissed on withdrawal. NOTE

[9]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 his individual award from the respondent (or the Secretary of State), quantifying the same.

[10]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.