Supreme Court considers criminal liability of administrators failing to serve HR1
Georgina Hirsch was led by Paul Ozin KC in the Supreme Court case of R (on the application of Palmer) v Norther Derbyshire Magistrates’ Court and another. They were instructed by the Insolvency Service in a case which considers whether an administrator can be liable for a failure to notify the Secretary of State of redundancies within the notice period required by section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992 (45 or 30 days, depending on the number of redundancies proposed). That notice period is in place to allow the government to step in and evaluate whether anything can be done to avoid or ameliorate the redundancies.
This therefore is a case which may prove pivotal for workers’ rights, on the one hand, while also assessing the risks involved in being an administrator, on the other.
The court summary can be found here.
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