Mr J Bradbury and others (see schedule) v P & L Joinery Sub-Contractors Ltd (in creditors voluntary liquidation) and Secretary of State for Business, Energy and Industrial Strategy: 2405692/2021 and others
REASONS
[1]All of the claimants claimed a protective award in respect of breach of the collective consultation requirements. No response was presented to the claims by the first respondent, which is in creditors voluntary liquidation. The joint liquidators had no objections to the Tribunal proceedings continuing, but did not intend to be present or represented at the hearings. The second respondent entered a response.[2]On a full consideration of the file in the proceedings and, in particular in the light of information which had been provided by the two firms of solicitors instructed by the claimants, it was possible to issue this Judgment under Rule 21 without a hearing.[3]On the information provided, the Tribunal makes the following findings:a. The first respondent carried on business in Stockport. All of the claimants were employed at one establishment;b. There was no trade union recognised for collective bargaining, consultation or negotiation with the workforce;c. The first respondent dismissed the majority of the claimants with immediate effect on 5 February 2021, with a few of the claimants being dismissed on 12 February 2021. Approximately 35 employees were made redundant at the same establishment at, or around, the same time; andd. The first respondent took no steps to arrange for the election of employee representatives with whom to consult about the redundancies. There was no consultation with any employee representatives.[4]All the protective award claims were entered within the time required.[5]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 advance notice.[6]In these circumstances, the first 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 claimants listed in the first schedule for the maximum protected period of 90 days commencing on 5 February 2021.[7]The first 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.[8]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. NOTE[9]A protective award is a two-stage process. The Tribunal at this stage makes no financial awards, but gives a judgment that each of the claimants listed in the first schedule is entitled to a protective award in the terms set out above. The claimants detailed must then seek payment of their individual awards from the first respondent (or the second respondent), 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.