News

Former directors of CLPM Dot Com, previously known as Alliance PM, have been threatened with criminal procedures for failing to appear as witnesses at an employment tribunal.

Three witness orders were taken out by the Secretary of State, representing 12 former staff at the firm who are attempting to recover lost earnings and redundancy through a tribunal.

According to the judge, Mr LJ Guyer, these were against two officials at the company, Steven Morris and Gareth Jones, and a "shadow director" Myles Bunyard.

None of the witnesses were present at the hearing, which took place at Reading employment tribunal court last Friday (14 March), prompting the judge to warn that while no court, including a tribunal, had the power to make someone attend, "What can happen is that the witness can be prosecuted for a criminal offence.

"That is a decision made by the regional chairman. I would intend passing this information on to the regional chairman and asking if action should be taken against the witnesses."

The lack of witnesses has severely hobbled the investigation of whether there was a transfer of funds to another company before CLPM Dot Com entered administration on 21 May 2007.

The Secretary of State, represented by Mr N Marsh at the tribunal, said the case was "hampered by the fact that there was no evidence".

Marsh claimed he advised Bunyard to get in contact. "Bunyard asked us to revoke the order, which we refused. He did give us some information, but in view of his alleged character we don't know how much of that we can accept," he said.

He added that Morris got in contact to say that he was currently working and living in France. Morris was also advised to attend.

Jones, who resigned as director on 28 February 2007, did not get in contact.

The proceedings were adjourned by the Judge, Mr LJ Guyer to a date to be fixed.

Judge Guyer laid down a formal order that by 14 May 2008 the Secretary of State should advise the employment tribunal and the claimants whether it wishes to proceed in defending the case against them. If the Secretary of State is to continue, a witness should be produced.

Although the proceedings were halted with no claims being awarded, each of the claimants was able to establish how much they were owed by CLPM Dot Com, as well as how much they would be owed if it was decided that the money should come from the Secretary of State.

During the hearing it was revealed that many of the staff were not informed that they were no longer employed by the company even weeks after it had gone into administration.

Miss K Edwards, representing former employee, Robert Mellish, alleged that her client received a letter on 12 June informing him that he had been made redundant. The letter was dated 21 May. She added that Mellish also received a phone call from Bunyard informing him that he had been made redundant.

The tribunal had been brought against CLPM Dot Com on that basis, Edwards said.

Edwards claimed: "Mellish received payslips for April, May and June but did not receive payment. Pay slips were always headed Alliance PM."

It was also established at the hearing that CLPM Dot Com came out of administration on 14 December 2007.

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CLPM TIMELINE
October 2006 Carter Litho bought out of administra­tion by Alliance PM
April 2007 changes name to CLPM Dot Com
May 2007 Company goes into administration
June 2007 Staff informed that they were made redundant previous month

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