Mr P Pannett and others v Joinery Workshop.com Ltd (in creditors’ voluntary liquidation) and Secretary of State for Business, Enterprise and Industrial Strategy: 2411840/2018 and others
REASONS
[1]By their claim forms presented on 20 June and 16 July 2018 the claimants claimed a protective award in respect of breach of the collective consultation requirements. No response was presented to their claims by the first respondent. The Secretary of State was sent a copy of the claim forms and provided his response on 25 August 2018, which was treated as his written representations, and he was joined as second respondent.[2]On the information provided, the Tribunal makes the following findings. The first respondent carried on business employing 42 employees at Unit 3, McKenzie Industrial Estate, Bird Hall Lane, Cheadle Heath, Stockport, Cheshire SK3 0SB. There was no trade union recognised for collective bargaining, consultation or negotiation with the workforce.[4]On 19 April 2018, the 42 members of the workforce were made redundant by verbal notification forthwith. The first respondent company was put into creditors voluntary liquidation on about 30 April 2018.[5]There was no previous warning or notice given to or consultation with the workforce. No employee representatives had been elected or appointed for any such consultation. The dismissals of the whole workforce were put into effect at once.[6]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 19 April 2018.[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 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:(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. 7. 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.