J Bird and others v Rutherford Cancer Care Ltd (in Compulsory Liquidation) and others: 2408605/2022 and others
JUDGMENT
ON LIABILITY (pursuant to rule 21 Employment Tribunal Rules of Procedure 2013)[1]The claims by the Claimants listed in the Schedule attached (“Schedule 1”) against the Respondents listed in that schedule under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (‘the Act’) for failure to comply with section 188 and section 188A of the Act are wellfounded and succeed.[2]At the Remedy Hearing on 18 September 2023, the Tribunal shall consider whether to make a protective award within the meaning of section 189(3) of the Act in the case of any of the Claimants and if so the length of any such award.REASONS
[1]By individual claim forms presented on various dates, the Claimants brought claims for a protective award under s.188 and s.189 Trade Union and Labour Relations (Consolidation) Act 1992 (‘Protective Award’) in respect of breach of the collective consultation requirements.[2]As the Respondent companies were in administration, all claims were stayed by the Employment Tribunal, pending the Claimants obtaining permission to proceed with their claims from the High Court.[3]By various orders, dated 4th November 2022, the High Court granted the Claimants permission to proceed with their claims in the Employment Tribunal.[4]The Liquidators were appointed on 3rd February 2023. A protective draft response was put in on 14th February 2023, along with an application to extend time.[5]A Preliminary Case Management Hearing took place before Employment Judge Franey on 17th February 2023. At this hearing the Liquidators were given permission to submit an amended response by 17th March 2023.[6]On 17th March 2023, the Liquidators wrote to the Tribunal attaching an amended Response. In that Response the Liquidators conceded liability in respect of the claims but reserved the right to make submissions in respect of the length of the protected period.[7]The Liquidators’ concessions are enough in themselves for a default judgment to be given in this case. However, as the Secretary of State is an interested party, the Tribunal has nonetheless gone on to consider whether the Claimants have established their claims for a protected award.[8]As a result of the above concessions, and as a result of the HR1 forms (forwarded to the Tribunal on behalf of the Claimants), the Tribunal is satisfied:-a. That each of the Claimants was employed by the particular Respondent as set out in Schedule 1 at the site / establishment therein identified.b. That the relevant Respondent employed over 20 employees at each site (per Schedule 1).c. That the relevant Respondent proposed to and/or dismissed as redundant 20 or more employees at the site / establishment identified in Schedule 1.d. That there were no appropriate representatives within the meaning of section 188(1B)(a) or (b) at any of the sites.e. That the relevant Respondent each failed to comply with its statutory obligations under section 188A of the Act (relating to the election of appropriate representatives).f. That the relevant Respondent each failed to comply with its statutory collective consultation obligations under section 188 of the Act at the establishments in respect of the workforce employed there. Employment Judge Sweeney Date: 5 September 2023 SCHEDULE 1 Number Multiple Claimant Employer Site employed Number of at employees employed at site, and made redundant, by relevant employer, according to HR1[1]Kettle Zoe Kettle Rutherford Shinfield 28 (3312689/2022) Cancer Care[2]Kettle Camilla Rutherford Newport 22 (3312690/2022) Sweeney Health Plc[3]Bryson Emily May Rutherford Shinfield, 28 (3312691/2022) Bryson Cancer Care Reading[4]Bryson David Rutherford Shinfield, 28 (3312692/2022) Cattaneo Cancer Care Reading[5]Bryson Helen Rutherford Shinfield, 28 (3312693/2022) Kathleen Cancer Care Reading Cooper Limited[6]Bryson Brandon Rutherford Shinfield, 28 (3312694/2022) Denver Cancer Care Reading Flandorp Limited[7]Bryson Benjamin Rutherford Shinfield, 28 (3312695/2022) William Cancer Care Reading Goldsmith Limited[8]Bryson Ali Hussein Rutherford Shinfield, 28 (3312696/2022) Cancer Care Reading[9]Bryson Sophie Rutherford Shinfield, 28 (3312697/2022) Louise Main Cancer Care Reading[10]Bryson Emily Joy Rutherford Shinfield, 28 (3312698/2022) Orton Cancer Care Reading[11]Bryson Kirsty Janet Rutherford Shinfield, 28 (3312699/2022) Sidaway Cancer Care Reading[12]Bryson Thembelimle Rutherford Shinfield, 28 (3312700/2022) Nia Muyirimi Cancer Care Reading[13]Ballard-Heap Annie Rutherford Newport 49 (1601361/2022) Ballard- Cancer Care Heap Limited[14]Ballard-Heap Kapungwe Rutherford Newport 49 (1601362/2022) Chabu Cancer Care[15]Ballard-Heap Katie Jayne Rutherford Newport 49 (1601363/2022) Evans Cancer Care[16]Ballard-Heap Misbah El- Rutherford Newport 49 (1601364/2022) Sayed Rass Cancer Care[17]Ballard-Heap Lauren Rutherford Newport 49 (1601365/2022) Marie Evans Cancer Care[18]Ballard-Heap Daniel Rutherford Newport 49 (1601366/2022) Humphray Cancer Care[19]Ballard-Heap Theodore Rutherford Newport 49 (1601367/2022) Luke Oliver Cancer Care[20]Ballard-Heap Kerry Amy Rutherford Newport 49 (1601368/2022) Owen Cancer Care[21]Ballard-Heap Natalia Rudd Rutherford Newport 49 (1601369/2022) Cancer Care[22]Ballard-Heap Carl John Rutherford Newport 49 (1601370/2022) Sweeney Cancer Care[23]Bennett Christopher Rutherford Northumberland 27 (2501642/2022) John Cancer Care Bennett Limited[24]Bennett Helen Rutherford Northumberland 27 (2501643/2022) Louise Cancer Care Bridges Limited[25]Bennett Lisa Huthart Rutherford Northumberland 27 (2501644/2022) Cancer Care[26]Bennett Celia Lesley Rutherford Northumberland 27 (2501645/2022) Miller Cancer Care[27]Bennett Claire Rutherford Northumberland 27 (2501646/2022) Elizabeth Cancer Care Morris Limited[28]Bennett Ann Louise Rutherford Northumberland 27 (2501647/2022) Patrick Cancer Care[29]Bennett Elizabeth Rutherford Northumberland 27 (2501648/2022) Helen Cancer Care Porteous Limited[30]Bennett Laura Jayne Rutherford Northumberland 27 (2501649/2022) Richardson Cancer Care[31]Bennett Andrew Rutherford Northumberland 27 (2501650/2022) Charles Cancer Care Sawyer Limited[32]Bennett Rebecca Rutherford Northumberland 27 (2501651/2022) Simmons Cancer Care[33]Bennett Kimberley Rutherford Northumberland 27 (2501652/2022) Topham Cancer Care[34]Bennett Kimberley Rutherford Northumberland 27 (2501653/2022) Anne Wardle Cancer Care[35]Bird Jenni Bird Rutherford Liverpool 30 (248605/2022) Cancer Care[36]Bird Samantha Rutherford Liverpool 30 (248606/2022) Victoria Cancer Care Brown Limited[37]Bird Grace Gale- Rutherford Liverpool 30 (248607/2022) Smith Cancer Care[38]Bird Zoey Gray Rutherford Liverpool 30 (248608/2022) Cancer Care[39]Bird Kelly Marie Rutherford Liverpool 30 (248609/2022) Lau Cancer Care[40]Bird Heather Rutherford Liverpool 30 (248615/2022) Martin Cancer Care[41]Bird Jill McKenna Rutherford Liverpool 30 (248611/2022) Cancer Care[42]Bird Angela Rutherford Liverpool 30 (248612/2022) Morgan Cancer Care[43]Bird James Rutherford Liverpool 30 (248613/2022) William Cancer Care Tallon Limited[44]Bird Jessica Rutherford Liverpool 30 (248614/2022) Mary Cancer Care Thomas Limited[45]Harwood Rachel Rutherford Taunton 26 (1403189/2022) Katherine Diagnostics Harwood Limited[46]Harwood Sheena Rutherford Taunton 26 (1403190/2022) Anne Jones Diagnostics[47]Harwood Paul Miles Rutherford Taunton 26 (1403191/2022) Diagnostics[48]Harwood Alison Reed Rutherford Taunton 26 (1403192/2022) Diagnostics[49]Harwood Joanne Rutherford Taunton 26 (1403193/2022) Karen Diagnostics Shepherd Limited[50]Harwood Malcolm Rutherford Taunton 26 (1403194/2022) Edward Diagnostics Stewart Limited[51]Harwood Marianne Rutherford Taunton 26 (1403195/2022) Sweeney Diagnostics CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under Rule 69, the judgment sent to the parties on 27 September 2023, is corrected in bold in the attached schedule of the corrected judgment. Employment Judge Sweeney Date 10 July 2024 Important note to parties: Any dates for asking for written reasons, applying for reconsideration or appealing against the judgment are not changed by this certificate of correction and corrected judgment. These time limits still run from the date the original judgment or reasons were sent, as explained in the letter that sent the original judgment. EMPLOYMENT TRIBUNALS Claimants: J Bird & others (see attached Schedule 1) Respondents:(1) Rutherford Cancer Care Limited (in Compulsory Liquidation)(2) Rutherford Health Plc (in Compulsory Liquidation)(3) Rutherford Diagnostics Limited (in Compulsory Liquidation) Interested Party: Secretary of State for Business, Energy and Industrial Strategy[1]The Tribunal makes a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 in favour of the Claimants listed in the Schedule attached (“Schedule 1”) against the Respondents listed in that schedule.[2]The protected period begins on 13 June 2022. The Respondents are ordered to pay remuneration to the Claimants in Schedule 1 for the protected period which:a. 85 days in respect of those employees identified on Schedule 1 as being employed by ‘Rutherford Cancer Care Limited’ and ‘Rutherford Health Plc’.b. 75 days in respect of those employees identified on Schedule 1 as being employed by ‘Rutherford Diagnostics Limited’.[3]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 (‘the Regulations’) apply to the protective award.