The Transport Salaried Staff Association v TCCT Retail Ltd (in Compulsory Liquidation) and Others: 3203073/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The first - fourth respondent not having presented a response to the claims and the Secretary of State making legal submissions prior to the rule 21 Judgment, and on the information before the Judge, the judgment of the Tribunal is that:[1]The claimant’s complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) of a failure by the second respondent to comply with the requirements of section 188 of the 1992 Act at the following sites: a) Peterborough Westpoint; b) Manchester Cardinal House; is well-founded.[2]The Tribunal orders that the second respondent, by way of a protective award under section 189(3) of the 1992 Act, pay to all those employees who were of a description in respect of which The Transport Salaried Staff Association was recognised for the purposes of collective bargaining at the following sites: a) Peterborough Westpoint; b) Manchester Cardinal House; Case No: 3203073/2019 Code P 2 a payment equivalent to remuneration for the period of 90 days beginning on 23 September 2019.[3]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to these awards.REASONS
[1]The claimant claimed a protective award in respect of breaches of the collective consultation requirements under the 1992 Act. No response was presented to the claim by the first - fourth respondents. The Official Receiver subsequently confirmed that the first – fourth respondents would not be contesting the protective award claims.[2]The first - fourth respondents are in compulsory liquidation and by order of the High Court dated 4 February 2021 permission was granted for the claims to proceed.[3]On full consideration of the file of proceedings it was possible to issue this Judgment under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 in respect of the claim against the second respondent for those who worked at: a) Peterborough Westpoint; b) Manchester Cardinal House; for a protective award without a hearing. Code P under the case numbers reflects this.[4]On the information provided, the Tribunal makes the following findings.[5]The second respondent employed over 20 employees at the following sites:(a) Peterborough Westpoint;(b) Manchester Cardinal House;[6]The Transport Salaried Staff Association was a recognised trade union for the purposes of collective bargaining at those sites for:(a) all salaried staff;(b) role levels 1-5 (and/or grade A-D);(c) those who worked within the following business areas at Peterborough (Westpoint) and Manchester (Cardinal House) in: (i) UK retail central operations and Head Office retail support; Case No: 3203073/2019 Code P 3 (ii) Sales centre/UK contact centre; (iii) Corporate and group – HR, comms and PR, audit, finance, marketing and customer insight, property and procurement, central distribution, support functions and financial services and health and safety.[7]The first - fourth respondents went into compulsory liquidation on 23 September 2019. At 1:47am on 23 September 2019 the Official Receiver was appointed. Later that day the claimant was notified of collective redundancies with immediate effect.[8]There was no proper warning or notice given to or consultation with the recognised trade union. In addition, no employee representatives had been elected or appointed for any such consultation within section 188A of the 1992 Act.[9]In the circumstances, the second 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 23 September 2019.[10]The second 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 second 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.[11]The second 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 second respondent.[12]It was not possible to issue a rule 21 judgment for the claimant’s complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) of a failure by the first - fourth respondents to comply with the requirements of section 188 of the 1992 Act at the retail store sites because the parties are required to provide further information to the Tribunal. Case No: 3203073/2019 Code P 4 _____________________________ Employment Judge Ainscough Date: 16 June 2021[1]The claimant’s complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) of a failure by the first – fourth respondents to comply with the requirements of section 188 of the 1992 Act is well-founded.[2]The Tribunal orders that the first to fourth respondents, by way of a protective award under section 189(3) of the 1992 Act, pay to all those employees who were of a description in respect of which The Transport Salaried Staff Association was recognised for the purposes of collective bargaining, a payment equivalent to remuneration for the period of 90 days beginning on 23 September 2019.[3]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to these awards.[1]The claimant claimed a protective award in respect of breaches of the collective consultation requirements under the 1992 Act. No response was presented to the claim by the first - fourth respondents. The Official Receiver subsequently confirmed that the first - fourth respondents would not be contesting the protective award claims.[2]The first - fourth respondents are in compulsory liquidation and by order of the High Court dated 4 February 2021 permission was granted for the claim to proceed.[3]On full consideration of the file of proceedings it was possible to issue this Judgment under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 in respect of the claim against the first - fourth respondents for a protective award without a hearing.[4]On the information provided, the Tribunal makes the following findings.[5]The first to fourth respondents employed over 20 employees at the following sites: a) Leeds White Rose store b) Sheffield Meadowhall store c) Gateshead Metro store[6]The Transport Salaried Staffs’ Association was a recognised trade union for the purposes of collective bargaining for the retail roles at these sites.[7]The first - fourth respondents went into compulsory liquidation on 23 September 2019. At 1:47am on 23 September 2019 the Official Receiver was appointed. The employees at each site were notified of termination of employment with immediate effect.[8]There was no proper warning or notice given to or consultation with the recognised trade unions. There was no consultation with the employees on 23 September 2019. In addition, no employee representatives had been elected or appointed for any such consultation within section 188A of the 1992 Act.[9]In the circumstances, the first - fourth respondents are 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 23 September 2019.[10]The first - fourth respondents are 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 first - fourth respondents 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: Case No: 3203073/2019 3(a) The name, address and national insurance number of the employees to whom the award relates; and(b) The date of termination of the employment of the employees.[11]The first - fourth respondents 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 - fourth respondents. _____________________________ Employment Judge Ainscough Date: 1 September 2022