Since the last posting in February 2018, there have been a number of further developments which the Interim Manager can report upon although for reasons of confidentiality and because some investigations are ongoing, the interim manager has to respect confidentiality.
However, the Interim Manager can report:
- A decision of the Industrial Tribunal is currently awaited in respect of a costs order against Mr Morris following his failed application to the Employment Tribunal;
- Liz Travis made an application to the Tribunal for unfair dismissal which she subsequently withdrew;
- Martin Phelps has commenced unfair dismissal proceedings against the Charity currently due for hearing in September. The proceedings will be vigorously contested. Further, it is believed that the proceedings have been issued out of time and therefore should be struck out in due course. In those circumstances, the Interim Manager will pursue a wasted costs order against Mr Phelps;
- Mr Phelps refused to allow the Interim Manager and his agents full and unrestricted access to Roselawn to inspect and complete an inventory. This necessitated an application to the court for an injunction to allow access which was successful. The court ordered that costs be paid by Mr and Mrs Phelps and they have failed to date to do so. The bailiffs have been instructed to recover the costs;
- Mr and Mrs Phelps have failed to vacate Roselawn as required. The Interim Manager is therefore bringing proceedings to recover possession. Cost orders will be sought against Mr and Mrs Phelps;
- Nutfield Court remains on the market for sale although it would appear that an acceptable offer has now been received. Agents have been appointed to deal with the sale of Roselawn and this is now going on to the market;
- HMRC have refrained from bringing enforcement proceedings against the Charity for recovery of all tax and national insurance due pending sales of the properties;
- It is still the intention of the Interim Manager to appoint new trustees and the Interim Manager apologises for the delay in completing this exercise. Certain legal matters are currently being dealt with in consultation with the Charity Commission but it is hoped that the process will be completed in the relatively near future; and
- The Interim Manager has received a considerable number of queries and information concerning the activities of the former leadership of the Charity and the operation of Oceans Church. This is in part outside the remit of the Interim Manager's appointment but the Charity Commission is aware of the position and will deal as necessary.
12 June 2018