Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   960/12

 

CLAIMANT:                           Joseph Victor Elliott

 

RESPONDENTS:                 1.         Department for Employment and Learning

2.               Tim Lewis Resourcing Ltd (in liquidation)

3.               RSM Tenon Recovery

4.               Select Management and Security Ltd

 

 

 

DECISION ON A PRE-HEARING REVIEW

 

RSM Tenon Recovery will be disjoined from the proceedings, and will therefore cease to be a respondent to the proceedings.   

 

 

Constitution of Tribunal:

 

Chairman (sitting alone):   Mr P Buggy

 

Appearances:

 

The claimant was represented by Ms C A Hamilton.

 

There was no appearance on behalf of the Department.

RSM Tenon Recovery was represented by Mr P Hopkins, Barrister-at-Law.

 

 

REASONS

 

I announced my decision at the end of the hearing.  At the same time, I gave brief oral reasons for that decision.  Accordingly, what follows is by way of summary only:

 

(1)       The claims which the claimant makes, or would like to make, in these proceedings, are claims in respect of wages, notice pay, a protective award and/or a TUPE consultation claim.

 

(2)       As a general rule, administrators of a company do not become personally liable to the employees of that company in respect of such claims, even if those administrators fail to efficiently and effectively discharge their role as administrators.  (The claimant contends, and the relevant respondent denies, that the administrators failed to act effectively and efficiently in the context of the financial collapse of Tim Lewis Recruitment).

 

(3)       Having listened carefully to the points which were clearly and intelligently made by Ms Hamilton, I am not convinced that there is any relevant exception, to that general rule, in the circumstances of this case. 

 

 

Chairman:

 

Date and place of hearing:    14 August 2012, Belfast.

Date decision recorded in register and issued to parties: