Mr Darren Taylor and others v Gulliver’s Truck Hire Ltd (in administration) and Secretary of State for Business, Energy and Industrial Strategy: 2402622/2019 and others
| Judgment Date | 10 October 2019 |
| Subject Matter | Redundancy |
| Date | 10 October 2019 |
| Citation | 2402622/2019 and others |
| Published date | 25 October 2019 |
| Court | Employment Tribunal |
Case number 2402622 2019 and 144 others
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EMPLOYMENT TRIBUNALS
Claimants: Mr Darren Taylor and 144 others
First Respondent: Gulliver’s Truck Hire Limited (in administration)
Second respondent: Secretary of State for Business, Energy and Industrial Strategy
RECORD OF A HEARING
Heard at: Manchester (in public) On: 2 October 2019
In chambers 3 October 2019
Before: Employment Judge Hoey
Representatives
For the claimants: Ms Toner (solicitor) representing 130 claimants
Ms Taha representing herself and 11 people set out in the list in
the middle of the box on the Tribunal’s letter dated 16 April 2019
about combining claims (not including Ms I Jachimovicz who is
included in the list of persons Ms Toner represents)
Mr Churchill, Mr George and Mr Soper were not represented
nor in attendance but had sent email communications and
wished their claims to be considered
For the first respondent: Not present nor represented
For the second respondent: Not present nor represented
CASE MANAGEMENT ORDER
1. The claims raised by Keith Miller and Zoe Croft remain stayed and may be
struck out unless they can show that the claims are being actively pursued.
2. The claims raised by the remaining claimants, with exception of the claims
made under the Trade Union and Labour Relations (Consolidation) Act 1992,
remain stayed.
Case number 2402622 2019 and 144 others
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JUDGMENT
1. In respect of each of the claimants (who are each affected employees), with
exception of Keith Miller and Zoe Croft, the Tribunal makes the following
declaration:
a. The first respondent was proposing to dismiss as redundant 20 or
more employees at one establishment (its entire business unit) within 90
days and failed to elect employee representatives in breach of section
188A of the Trade Union and Labour Relations (Consolidation) Act 1992;
b. The first respondent failed to consult about the dismissals in breach of
section 188 (1A), section 188(2) and section 188(4).
2. The claimants, with exception of Keith Miller and Zoe Croft, are each entitled to
a protective award against the first respondent, the protected period being 90
days from 21 December 2018, the date of the first dismissal.
3. In the event that the first respondent is insolvent, the second respondent must
meet the first respondent’s liability for the protective awards, subject to section
184 of the Employment Rights Act 1996.
4. The Employment Protection (Recoupment of Benefit) Regulations 1996 applies
to this award.
Introduction
1. These claims arise following the demise of the first respondent. The company
had a number of depots throughout the United Kingdom. It encountered
financial difficulties which led to the company appointing administrators and
then dismissing its staff. The vast majority of staff were summary dismissed on
21 December 2018 with some staff being retained to assist the administrators.
All staff were ultimately dismissed and the business closed.
2. Some claims had been lodged in Manchester and some had been lodged in
Bristol. These claims were for a protective award because of an alleged failure
to arrange elections of appropriate representatives and properly collectively
consult, for unfair dismissal and for other payments. Following case
management, it was agreed that Manchester Employment Tribunal deal with
the claims and the claims raised in Bristol were transferred. Only the claims for
the failure to consult and to elect representatives were proceeding, the others
having been stayed.
3. There are a total of 145 claimants. The claims had been raised against both the
first respondent company and the second respondent, given the terms of Part
XII of the Employment Rights Act 1996.
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