Bid to dismiss criminal charge over USC collapse rejected
About 80 workers at the retail chain in Scotland were made redundant last January.
A bid to have a criminal charge relating to the collapse of fashion retailer USC against Sports Direct's chief executive thrown out has been rejected.
Proceedings were started against David Forsey after "about 80" workers at a USC in Scotland were made redundant last January.
He is accused of breaching section 194 of the Trade Union and Labour Relations (Consolidation) Act 1992 along with Robert Palmer, an administrator of USC.
The Sport Direct boss faces allegations of failing to tell the relevant authorities of plans to make staff in Scotland redundant.
Staff at a USC warehouse in Dundonald, Ayrshire, were called to a meeting on Wednesday, January 7 by bosses and given just 15 minutes notice that they were losing their jobs.
On the day workers were told of the job losses, a fleet of Sports Direct trucks arrived at the warehouse to begin removing stock to one of USC's main headquarters in Shirebrook, Nottinghamshire.
An application, heard at Northern Derbyshire Magistrates' Court in Chesterfield over two days in March, centred around the process the prosecution used to bring about the proceedings.
They were initiated by Ian Whittaker, a senior lawyer at the Department for Business, Innovation and Skills, but the defence had argued the right to prosecute under the act was reserved to the secretary of state only.
In a 30-page ruling, district judge Andrew Davison said he was "satisfied" Mr Whittaker was able to commence the proceedings on behalf of the secretary of state, and rejected the application to dismiss the case.
Further applications are due to be heard at the same court in November and the defendants have entered not guilty pleas to the charge.