DAVID Forsey, the chief executive of the Sports Direct and director of Rangers Retail has been charged with a criminal offence relating to the collapse of Mike Ashley's clothing firm USC.
The 49-year-old executive who sits on the board of Rangers controversial merchandising joint venture, is accused of failing to notify authorities of plans to lay off warehouse staff in Scotland.
A House of Commons Scottish Affairs Select Committee hearing in March that over 200 staff were given just 15 minutes notice by USC’s administrator in January that they were losing their jobs.
The administration led to the loss of 79 permanent staff and 166 agency or zero-hour contract workers their posts at Dundonald, South Ayrshire.
It is understood Forsey was sent his summons in July and his case is scheduled to be heard at Chesterfield magistrates’ court next week.
The UK Insolvency Service said: "We can confirm that criminal proceedings have been commenced against David Michael Forsey. He is charged with an offence contrary to section 194 of the Trade Union and Labour Relations (Consolidation) Act 1992. We will not be commenting until the criminal proceedings have been concluded.
"It was listed for first hearing for 15 August and adjourned administratively in the absence of the parties, to 14 October 2015 at Chesterfield Magistrates Court.
"The investigation into the conduct of the directors is ongoing. The enquiries are at an early stage and given the criminal proceedings it is not possible nor would it be appropriate to comment any further."
Employers have to notify the Secretary of State at least 30 days before dismissals take effect if 20 or more employees are to be made redundant.
Failure to do so can be a criminal offence under Section 194 of the Trade Union and Labour Relations (Consolidation) Act and those found guilty can be, if convicted, liable to a fine of up to £5,000.
Under the same act, where an employer proposes to make 20 or more employees at one establishment redundant within a period of 90 days or less, it is also required to consult with appropriate representatives of the affected employees.
Consultation must begin in good time, and at least 45 days before the first dismissal takes effect in the case of 100 or more dismissals, or at least 30 days in all other cases.
The development comes just days after 50 former USC employees all secured a protected redundancy payout after the firm - which is now in control of administrators Duff & Phelps - gave them just 15 minutes' notice before they lost their jobs.
It is understood that the payouts could run to thousands of pounds for each employee.
Administrators were appointed on January 13 and bought out by Republic.com, another Sports Direct business, the same day as a pre-package administration sale for £1.65 million. Staff received a letter the following day stating that the employees at the Olympic Business Park would be at risk of redundancy.
Administrators said in February that USC owed creditors £15.2m.
The news of Forsey’s court appearance emerged as 50 former USC employees received a “protective award” equivalent to 90 days pay after Glasgow’s employment tribunal heard how USC staff had only been informed that the company’s warehouse in Dundonald, Ayrshire would close 15 minutes before it was shut.
Staff registered their complaints to Brian Donohoe, the local Labour MP and Glasgow South MP Ian Davidson, chairman of the Scottish Affairs Select Committee.
Mr Donohoe pushed for Mr Ashley to be brought before the Department of Business, Innovation and Skills to explain the actions.
The administration of West Coast Capital (USC) Ltd. - the name of the company behind the USC retail brand - was jointly handled by former Rangers oldco administrators Duff & Phelps and the Gallagher Partnership.
It eventually fell on former drugs tsar Dr Keith Hellawell, chairman of Sports Direct International to face the Commons Scottish Affairs Select Committee over the West Coast Capital (USC) Ltd meltdown.
Sports Direct refused to comment on the development.
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