Mr G Roberts and others (See Schedule) v Calderprint Ltd (in administration) and The Secretary of State for Business, Energy and Industrial Strategy: 2405930/2019 Mr G Roberts and others (See Schedule) v Calderprint Ltd (in administration) and The Secretary of State for Business, Energy and Industrial Strategy: 2405930/2019
REASONS
[1]The claimants claimed a protective award in respect of breaches of the collective consultation requirements under the 1992 Act. No response was presented to the claims by the first respondent.[2]The first respondent is in administration and the administrators have given consent for these claims to proceed.[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 21 in respect of the claims for protective awards without a hearing. Code P under the case number above reflects this. Three of the claimants have other outstanding complaints which are not affected by this judgment.[5]On the information provided, the Tribunal makes the following findings.[6]The first respondent employed over 20 employees at each of two sites where the claimants were employed: the Bradwood Works, or Dunnockshaw site, on Manchester Road in Burnley, and the Gertrude Street site in Nelson. 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 24 May 2019 by administrators that the first respondent was closing down and they were all being made redundant with immediate effect. The company went into administration on that date.[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 claimants for the maximum protected period of 90 days commencing on 24 May 2019.[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.