P&O Ferries: update from the Insolvency Service (19 August 2022)

An Insolvency Service spokesperson said:

“After a full and robust criminal investigation into the circumstances surrounding the employees who were made redundant by P&O Ferries, we have concluded that we will not commence criminal proceedings.”

• The Secretary of State for the Department of Business, Energy, and Industrial Strategy asked the Insolvency Service to investigate whether any offences had been committed in relation to P&O Ferries’ dismissal of 786 employees on 17 March 2022.
• The offence alleged was failure to notify in accordance with section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992 contrary to section 194(1) of that Act.
• The Insolvency Service conducted a criminal investigation, which was reviewed by an independent senior prosecution lawyer in accordance with the Code for Crown Prosecutors, who concluded there was no realistic prospect of a conviction.
• The civil investigation by the Insolvency Service is ongoing and we cannot comment further at this time.

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