Mrs J Glass and Others v Oasis and Warehouse Ltd (in administration) and Secretary of State for Business, Energy and Industrial Strategy: 3305412/2020 to 3305436/2020
REASONS
[1]The claimants were employed by the respondent, a national British fashion retailer which went into administration on 15 April 2020. The claimants brought employment tribunal claims which were stayed.[2]In the ET3 and grounds of resistance presented on 27 September 2021, the administrators of the respondent granted consent for the claimants’ claims Page 1 of 5 against the respondent for a protective award to proceed. The respondent does not contest the claimants’ claims for a protective award, and does not put forward any representations to the effect that the protected period should be less than 90 days.[3]On consideration of the file of proceedings, it is possible to issue judgment against the respondent under rule 21 of the Employment Tribunals Rules of Procedure 2013 in respect of the claim for a protective award, without a hearing.[4]The tribunal makes the following findings on the information provided, in respect of the claimant’s claim for a protective award for breaches of the collective consultation requirements under section 188 of the Act.[5]The respondent proposed to make 45 redundancies at its Stanton Harcourt site. The respondent did not fully inform and consult with the claimant in accordance with the provisions of section 188 of the Act 1992. There was no proper warning or consultation with the claimants and no employee representatives were elected or appointed for consultation as required under section 188A of the Act. In the circumstances, the respondent was in breach of the duty under section 188.[6]The first of the dismissals to which the claim relates took place on 15 April 2020. The claimants were dismissed for redundancy on 15 April 2020 and presented their employment tribunal claims on 9 June 2020.[7]The tribunal makes an award under section 189 in favour of the claimants for the maximum protected period of 90 days beginning with 15 April 2020.[8]The Respondent is advised of the provisions of Regulation 6 of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 (‘the Regulations’).[9]Within 10 days of this decision being promulgated or as soon as is reasonably practicable, the respondent must comply with the provisions of Regulation 6 of the 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.[10]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. Page 2 of 5[11]More information is contained in the annex to this judgment.