Mr G Ackers and others v Premiere Handling Ltd (In creditors’ voluntary liquidation): 2414597/2019 and Other (See Schedule)
JUDGMENT
Employment Tribunals Rules of Procedure 2013, Rule 21 The respondent not having presented a response and indicating its intention not to resist the claims, and on the information before the Judge particularly in the witness statement of Mr R Maxwell, The judgment of the Tribunal is that:[1]The claims are all well-founded in that the respondent failed to comply with its statutory collective consultation obligations under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 before proposed redundancy dismissals took effect at its establishment at Terminal 1, Manchester Airport, M90 3AF on 16 August 2019 in respect of the whole workforce employed there.[2]Under Section 189(1)(d), (2), (3) and (4) of the 1992 Act, the Tribunal makes a protective award in respect of the each of the claimants named in the schedule and the respondent is ordered to pay remuneration to them for a protected period of 90 days beginning on 16 August 2019.[3]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to these awards.REASONS
[1]By a claim form presented on 15 November 2019, the claimants all claimed a protective award in respect of breach of the collective consultation requirements.[2]No response was presented to the claims by the respondent which wrote on 20 February 2020 explaining that it did not resist the claims.[3]On a full consideration of the file of proceedings, with a witness statement provided by Mr R Maxwell for the claimants, it was possible to issue this Judgment under Rule 21 without a hearing. Code P under the case number above reflects this.[4]On the information provided, the Tribunal makes the following findings. The respondent carried on an aircraft dispatch and ground handling business employing at least 84 employees at Terminal 1, Manchester Airport. Whilst these claimants are members of Unite the Union, there was no independent trade union recognised for collective bargaining, consultation or negotiation with the workforce. No employee representatives had been elected or appointed for any such consultation under Section 188A of the 1992 Act.[5]By summer 2019, the respondent was in financial difficulty. Payment of wages for June 2019 was only made in part and the claimants were not rostered to work after 5 July 2019 but were not formally dismissed or laid off at that time. They were then dismissed for redundancy by letter dated 16 August 2019 by the insolvency practitioners who later became the respondent’s liquidators. The respondent company was formally put into creditors’ voluntary liquidation on 22 August 2019. No collective information and consultation of any kind was carried out by the respondent.[6]In these circumstances, the respondent was in breach of its collective information and consultation obligation under Section 188 of the 1992 Act and the Tribunal makes an award under Section 189 in favour of each claimant named in the schedule for the maximum protected period of 90 days commencing on 16 August 2019.[7]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 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 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.