Mrs A Ions v Short Richardson and Forth Ltd (in Voluntary Liquidation): 2502526/2022
JUDGMENT
ON LIABILITY AND REMEDY Employment Tribunals Rules of Procedure 2013 – Rule 21 The Judgment of the Employment Tribunal is as follows:[1]The claimant’s claim under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) of a failure by the respondent to comply with the requirements of section 188 of the 1992 Act is well-founded.[2]The Tribunal orders the respondent by way of a protective award under section 189(3) of the 1992 Act to pay to the claimant a payment equivalent to remuneration for the period of 90 days beginning on 30 September 2022.[3]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to the protective award.[4]No award is made in respect of the claim for a redundancy payment.[5]No award is made in respect of holiday pay.[6]No award is made in respect of notice pay.REASONS
[1]The claimant submitted her ET1 form to the Employment Tribunal on 31 December 2022. A copy of the claim form was forwarded to the respondent at their registered office address by the Tribunal on 18 January 2023 and the respondent had until 15 February 2023 to file a response.[2]The respondent entered into voluntarily liquidation on 12 January 2023. The liquidator wrote to the Tribunal on 2 February 2023 stating that he did not intend to admit or defend any claim. 4.17 Rule 21 judgment September 2017 Case No:2502526/2022[3]On 5 September 2022 respondent informed employees that the company would cease to provide legal services after 30 September 2022. The respondent proposed to dismiss as redundant 20 or more employees based at 4 Mosley Street, Newcastle upon Tyne. The first dismissal took effect on 30 September 2022 and the last dismissal took effect on 30 November 2022.[4]There was no proper warning or consultation undertaken with a recognised trade union or the claimant. There was no consultation with the claimant between 5 September 2022 and 30 September 2022. No employee representatives had been elected or appointed for any such consultation within section 188A of the 1992 Act.[5]In the circumstances, the 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 30 September 2022.[6]The respondent is advised of the provisions of regulation 6 of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996, such that, within ten 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 the claimant to whom the award relates; andb. The date of termination of the employment of the claimant.[7]The respondent will not be required to make any payment under the protective award 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.[8]The claimant indicated in her witness statement that she did not wish to pursue the claims of redundancy payment, holiday pay and notice pay. Therefore, no awards are made in respect of any of those claims.[9]As no response has been received by the Tribunal from the Respondent, the above Judgment has been entered without a hearing on the basis of the information provided by the claimant and in accordance with Rule 21 of the Employment Tribunal Rules of Procedure 2013.[1]On 18 July 2023 the claimant submitted an application to the Tribunal requesting the Judgment dated 4 July 2023 to be reconsidered on the grounds that an error had occurred when the claimant attempted to email an updated version of her evidence on 1 June 2023 resulting in the up-to-date evidence is not being available to the Employment Judge at the time the original decision was made. The claimant did not request an oral hearing.[2]The Secretary of State, who is an interested party in these proceedings, wrote to the Tribunal on 31 July 2023 indicating their acquiescence to the Tribunal reconsidering the Judgment dated 4 July 2023 and for the reconsideration to be conducted on the papers, without a hearing. Case No:2502526/2022[3]Upon considering the representations made by the claimant, I accept that the claimant did try to submit an up-to-date witness statement and evidence on 1 June 2023, without success, and that the previous decision was made in error. In all the circumstances, it is in the interests of justice to vary the decision made in respect of the claim for accrued and outstanding holiday pay and notice pay. Taking into account the payments already received from the Redundancy Payment Services, I accept that the claimant’s claim for accrued and outstanding holiday pay in the sum of £1639.82 gross is well-founded and that the claim of breach of contract relating to notice pay in the sum of £2431.05 gross is well-founded and paragraphs 5 and 6 of the Judgment dated 4 July 2023 are varied accordingly.[4]Paragraphs 1 to 4 of the Judgment dated 4 July 2023 are confirmed.[5]The claimant’s claim for outstanding pension contributions is being dealt with by Clumber Consultancy and, therefore, no award is made by this Tribunal.[6]As neither party requested an oral hearing, the above Judgment has been entered without a hearing on the basis of information provided by the claimant in accordance with Rules 70 to 72 of the Employment Tribunal Rules of Procedure 2013.