Ms S Ahmed and others v Collective Spirit Free School: 2421330/2017

EMPLOYMENT TRIBUNALS

Case No 2421330/2017

Between

Ms S Ahmed & others (see Schedule)Claimant

Collective Spirit Free SchoolRespondent

Date 29 January 2018

JUDGMENT

Employment Tribunals Rules of Procedure 2013, Rule 21 The respondent not having presented a response to the claim, and on the information before the Regional Employment Judge particularly in the witness statement of Mr N Dewhirst, NASUWT Senior Regional Official, dated 19 January 2018, The judgment of the Tribunal is that:

[1]The claim is 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 Butterworth Lane, Chadderton, Oldham, on 31 August 2017.

[2]Under Section 189(1)(d), (2), (3) and (4), the Tribunal makes a protective award in respect of each claimant named in the Schedule and the respondent is ordered to pay remuneration to such claimants for a protected period of 90 days beginning on 31 August 2017.

[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 26 October 2017, the claimants claimed a protective award arising from their dismissals for redundancy on about 31 August 2017 which in turn resulted from the decision to close the respondent school at the end of the 2016/17 academic year.

[2]No response was presented but the Regional Employment Judge was not initially prepared to issue a judgment under Rule 21. The claimants thereafter provided a comprehensive witness statement from Mr N Dewhirst, NASUWT Senior Regional Official, dated 19 January 2018.

[3]From the information provided, the Tribunal makes the following findings. The respondent Free School opened in September 2013 in Chadderton, Oldham. It never recognised NASUWT or any other trade union for collective bargaining, consultation and negotiation on behalf of employees, especially teachers. It employed approximately 25 members of staff. On 29 June 2017, the local NASUWT representative Paul Stott was notified, along with other trade union representatives and the local authority, that the school would close at the end of the academic year. Employees were notified that same day or soon afterwards. However, there was no appointment of employee representatives or opportunity for election of employee representatives within Section 188A. No valid consultation within the meaning of Section 188(2) and (4) of the Trade Union and Labour Relations (Consolidation) Act 1992 was carried out before the redundancy dismissals were put into effect. The dismissals affected all members of staff and took place on or about 31 August 2017.

[4]In these circumstances, the respondent is in breach of the duty under Section 188 and the Tribunal makes an award under Section 189 in favour of all claimants who were dismissed as redundant on the closure of the school for the maximum protected period of 90 days commencing on 31 August 2017.

[5]Recoupment 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 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.

[6]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 respondent.