Re an investigation by the Insolvency Service under section 194 of the Trade Union and Labour Relations Consolidation Act 1992

Selva Ramasamy KC and Tom Broomfield represented several company directors under investigation by the Insolvency Service for the offence of failing to notify, contrary to section 194 of the Trade Union and Labour Relations (Consolidation) Act 1992.  The Insolvency Service’s investigation related to the directors’ suspected involvement in a company’s failure, prior to it being placed into administration, to give notice of mass redundancies to the Secretary of State.  Over a 5 month period, Selva and Tom assisted with strategic advice, including helping the directors to prepare for interviews under caution. The case concluded with the Insolvency Service deciding to take no further action.