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Collective redundancy: the criminal offence of failure to notify the Secretary of State (R (Palmer, Forsey) v Northern Derbyshire Magistrates' Court)

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Published on: 16 November 2021

Published by a LexisNexis Employment expert

Table of contents

What are the practical implications of this judgment?
Jurisdiction for trying the offence as between England, Wales, or Scotland
What are the essential ingredients of the offence
What state of mind is required for a conviction for the offence
Whether an administrator may be liable for the criminal offence
What is the relevant background?
Background law
Background facts and decisions of the Magistrates’ Court
What did the Divisional Court decide?
The jurisdiction question (Mr Forsey’s application)

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Article summary

Employment analysis: The Divisional Court has given guidance on various aspects of the criminal offence under ss 193–194 of TULR(C)A 1992 for failure to notify the Secretary of State of proposed redundancies. The guidance touches on (i) jurisdiction as between England, Wales and Scotland for holding the trial, (ii) the actus reus and mens rea necessary for the offence to have been committed, and (iii) the personal liability for the offence of administrators.

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