Mr M Bangura and others v Shawe Lodge Home Ltd (In creditors’ voluntary liquidation) and Secretary of State for Business, Enterprise and Industrial Strategy: 2414621/2018
REASONS
[1]By a claim form presented on 17 August 2018 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. The Secretary of State was served with the claim and provided his response on 5 December 2018, which was treated as his written representations.[2]On a full consideration of the file of proceedings, with witness statements provided 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. The respondent carried on business running a care and nursing home employing over 20 employees at Barton Road, Urmston, Greater Manchester. There was no trade union recognised for collective bargaining, consultation or negotiation with the workforce.[4]On 18 May 2018, the whole of the employees were made redundant and the care home and company ceased to trade. The company was formally put into creditors voluntary liquidation on 18 June 2018.[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. 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 claimant for the maximum protected period of 90 days commencing on 18 May 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.