Legal action brought by ex-KWM staff over redundancies held up by 'excessive and unnecessary' delay
Employment Tribunal Service apologises for delays to claim caused by IT problems
July 04, 2017 at 07:06 AM
3 minute read
An employment tribunal claim brought by former King & Wood Mallesons (KWM) staff over the way their redundancies were handled by the firm, has been hit by delays due to IT problems.
About 200 former staff of KWM's collapsed European arm have been informed by their solicitors, Herrington Carmichael, that their claim – which was brought in February – has been prevented from proceeding by IT issues at the Employment Tribunal Service.
The claim relates to KWM's failure to enter a formal consultation process of 45 days prior to making staff redundant when it filed for administration in January, which employers are required to do when making more than 100 redundancies at one time.
Herrington Carmichael made a formal complaint to the Employment Tribunal about the delays on 1 June. In an email to claimants sent that day, the firm described the delay as "excessive and unnecessary".
The firm informed claimants by email last week (1 July) that it had received an apology from the Employment Tribunal Service for the delays. The email states: "The IT problem that they blamed the delay on is still preventing them from proceeding. However, starting next week, one member of the Tribunal team will be taken away from their normal duties in order to attempt to resolve this matter.
"The Tribunal expect this to take two weeks. We hope to have more of an update for you after the next two weeks. I appreciate that this isn't the news you will have wanted, but we can assure you that we will continue to chase progress until we see it and will update you accordingly."
A spokesperson for HM Courts & Tribunals Service said: "A technical issue with an IT system has caused a short delay in this case proceeding to tribunal. We are urgently investigating."
Due to the delays, it is understood there has been no formal response from KWM administrators Quantuma about whether it will defend the claim or let it continue uncontested.
Any successful claim would be paid out by the Redundancy Payment Office or National Insurance Fund.
KWM's Europe, UK and Middle East arm – the legacy SJ Berwin business – went into administration on 17 January. At its height in 2007-08, SJ Berwin business was ranked 14th in the UK top 50, with revenues of £215m and profit per equity partner of £801,000.
Herrington Carmichael declined to comment. Quantuma was contacted for comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSingapore Litigators Shift Competitive Landscape as Another Senior Duo Sets Up Own Shop
Claus von Wobeser: Mexico's ‘Godfather of Arbitration’ Becomes Firm’s Honorary Chair
Slaughter and May Leads As Government Buys Back £6 Billion of Military Homes
2 minute readLatAm Moves: DLA Piper Chile, Brazil’s Demarest Build Out Disputes Muscle
Trending Stories
- 1How the Court of Public Opinion Should Factor Into Litigation Strategy
- 2Debevoise Lures Another SDNY Alum, Adding Criminal Division Chief
- 3Cooley Promotes NY Office Leader to Global Litigation Department Chair
- 4What Happens When Lateral Partners’ Guaranteed Compensation Ends?
- 5Tuesday Newspaper
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250