Media director loses appeal against money owed to employees

Duncan Williams bought the newspaper company for £1 after staff were made redundant and is now facing a six-figure payment to employees

Report for Devon Live by Anita Merritt

A media director who bought a weekly newspaper for £1, just 12 days after redundancies were announced, has been refused permission to appeal an order to pay a six-figure sum to employees.

The Court of Appeal has thrown out an application by Duncan Williams against a decision which found him personally responsible in September 2018 for money owed to former staff members of the View From series.

A previous hearing at Exeter Combined Court ruled he was liable for claims of staff still awaiting pay in lieu of notice, redundancy money and arrears of pay – rather than the Lyme Regis-based papers’ previous owner Peter Masters, who owns the Sunday Independent.

Initially he was ordered to pay £16,500, but the final settlement is now a six-figure sum.

At the tribunal it was heard Mr Masters made all staff redundant on January 4 due to the titles ceasing publication. 

Mr Williams bought the titles, which cover areas of Dorset, Devon and Somerset, on January 16, and all right, powers, duties and liabilities had transferred to him rather than his limited company.

Mr Williams, who did not attend the two-day hearing, had stated he only purchased the intellectual property rights for the brands.

He runs independent news and marketing service the Poole Post. He is also a commercial development consultant with News Group Ltd and a director of Vibe Marketing.

Mr Williams originally launched a crowdfunding bid, with a target of £85,000, to revive the series of closed weekly newspapers.

There are 28 claimants still awaiting payment following the tribunal and attempted appeal.

Lead claimant James Coles told Hold the Front Page many who contributed hundreds of pounds towards barrister fees have still received nothing.

James Coles, former Deputy Editor

James, former View From deputy editor, said: “It’s hard to believe it’s been more than two years since the demise of the View From. But what I really can’t get my head round is how Duncan Williams is still thumbing his nose at us – and last year’s tribunal decision.

“If he can’t pay, why doesn’t he do the honourable thing and declare himself bankrupt? At least then, we could go to the government and claim the statutory monies awarded to us by the tribunal.”

Mr Williams has claimed 10 of the View From ex-employees have each received redundancy payments from the Insolvency Service.

Mr Williams told Hold the Front Page : “I will continue speaking with The Insolvency Service and if it is the case that all of the limited company debts to its employees are to be shouldered by myself as an individual director then the Sunday Independent Ltd can be placed into prompt administration without these being carried into the long awaited final audit.

“The digital publishing subsidiary company ETCH Creative has always remained solidly within the Sunday Independent Ltd and since technology development and research in this area has obvious value to future regional media revenue generation, a buyer will be sought during the administration process.

“It has been a long and protracted case and I have always had greatest sympathy for the employees of the Sunday Independent, of which of course I am one.

“Like one of the claimants, I am also a trade union member and the original endeavour was, as we all know, a genuine attempt to introduce Crowdfunding as a means to have regional newspapers part-owned by their own journalists and communities.”

When asked about the final debt owed, Mr Williams told Devon Live: "The final figure of debt is now around £180,000 split evenly between myself and digital agency ETCH media, which employed approximately half of the original claimants, and which always remained within the Sunday Independent Limited.

"The brand IP of View From was transferred out into my name as an individual only because it was used as a form of personal security guarantee against the Crowdfund investment taking place. It is now owned by the venture capital team behind the Crowdfund.

"However, it was this former action that made Exeter Tribunal Judge Roper make myself personally liable for staff redundancy under TUPE regulations."

Court refuses ex-View From owner's appeal bid

Report for HoldtheFrontPage by David Sharman

A media director has been refused permission to appeal an order to pay a six-figure sum to 27 employees made redundant when the weekly newspapers they worked for ceased publication.

The Court of Appeal has thrown out an application by Duncan Williams to appeal against a decision which found him liable in September 2018 for hundreds of thousands of pounds owed to former staff members of the View From series.

Mr Williams, pictured, had bought the company for £1 on 16 January 2018, 12 days after the redundancies were announced. A previous hearing ruled he was

for claims of staff still awaiting pay in lieu of notice, redundancy money and arrears of pay – rather than the Lyme Regis-based papers’ previous owner Peter Masters, who owns the Sunday Independent.

During his appeal, the affected staff sought statutory amounts from the government and The Insolvency Service eventually agreed to pay statutory redundancy pay to those eligible – about ten of the claimants – 22 months after they lost their jobs.

All former staff are still waiting for statutory notice pay, wages owed, holiday pay and additional awards granted by the employment tribunal remedy hearing in March 2019. HTFP understands the figure still owed is a six-figure sum.

Lead claimant James Coles told HTFP many who contributed hundreds of pounds towards barrister fees have still received nothing.

James, former View From deputy editor, said: “It’s hard to believe it’s been more than two years since the demise of the View From. But what I really can’t get my head round is how Duncan Williams is still thumbing his nose at us – and last year’s tribunal decision.

“If he can’t pay, why doesn’t he do the thing and declare himself bankrupt? At least then, we could go to the government and claim the statutory monies awarded to us by the tribunal.”

Mr Williams is an active director of the Sunday Independent Ltd, while Mr Masters resigned from the company on the day he sold the titles to Mr Williams.

Mr Williams told HTFP: “I will continue speaking with The Insolvency Service and if it is the case that all of the limited company debts to its employees are to be shouldered by myself as an individual director then the Sunday Independent Ltd can be placed into prompt administration without these being carried into the long awaited final audit.

“The digital publishing subsidiary company ETCH Creative has always remained solidly within the Sunday Independent Ltd and since technology development and research in this area has obvious value to future regional media revenue generation, a buyer will be sought during the administration process.

“It has been a long and protracted case and I have always had greatest sympathy for the employees of the Sunday Independent, of which of course I am one.

“Like one of the claimants, I am also a trade union member and the original endeavour was, as we all know, a genuine attempt to introduce crowdfunding as a means to have regional newspapers part-owned by their own journalists and communities.”

Philip Evans' statement to Exeter Tribunal Court following closure of View From Newspapers

The founder of the View From Newspapers was Lyme Regis based office manager Philip 'Pip' Evans.

In 2018 the papers faced sudden closure with 29 staff being left jobless.

The background to the reasons for the closure have been the subject of much debate and supposition.

So, after much insistance, we are able to publish the full statement (below) presented to the Exeter Employment Tribunal courts by Philip Evans himself.

This statement gives a revealing insight into what exactly was going on at the time within the Lyme Regis editorial offices that were being overseen by 'Pip' and his team.

Publisher liable for money owed to journalists still plans to reopen weeklies

Report by David Sharman for HoldTheFrontPage

A publisher at the centre of a row over a series of local newspapers which ceased publication in January has reiterated his determination to reopen them over time.

Duncan Williams, left, bought the View From titles, which cover areas of Dorset, Devon and Somerset, in January following their closure by previous owner, Sunday Independent publisher Peter Masters.

A court has since ruled Mr Williams is liable for money owed to a group of 28 former View From employees who were made redundant when the titles ceased publication.

But he has restated his intention to appeal the decision and says he is still working to get the eight View From titles as well as Axminster-based Pulman’s Weekly News reopened, although he accepts this will not happen in one go.

As part of the relaunch plan, he has set up a video news channel entitled View News which also aims to offer a PR service to local businesses, converting press releases into videos which would then be carried on the newspapers’ social media channels and websites.

The View From titles served towns and villages including Beaminster, Bridport, Dorchester, Lyme Regis, Weymouth, Seaton, Honiton and South Somerset, while Pulman’s Weekly News covered Axminster.

Said Duncan: “The titles will all be brought back incrementally. As they have been traditionally free, budgets need to be securely in place first off before relaunching the entire portfolio in one fell swoop.

“Revenues from video advertising and social media are designed to enable this.”

Duncan added: “Despite the recent controversy surrounding their acquisition, I remain very happy indeed with the Pulman’s Weekly News brand.

“Their founder George Pulman was an influential Christian publisher of the Victorian era whose vision I much admire and whose community values are certainly part of what makes local media so vital to regions.

“Likewise, I remain delighted with the View News series, which I know have suffered from sharply declining advertising revenues, repeat closures, rumpuses and relaunches. However, the technology upgrades I have personally invested in are hoping to remedy this.

“To be clear to all of my investors, banks and advertising agencies: I have no intention whatsoever of going bankrupt. The employment tribunal decision will be appealed.”

Tindle Newspapers closes last remaining View From newspaper title

Report by Charlotte Tobitt for Press Gazette

Tindle Newspapers has closed the last remaining View From newspaper title, the monthly View From The Blackdown Hills.

The 16-page free paper was bought by Tindle in December 2009 as the publisher sought to widen its circulation area in the south west of England.

Its last edition, which had a distribution of around 6,000, was published this month.

Sandra Perraton, managing director of Tindle Newspapers in Teignbridge, Tavistock and Mid and East Devon, said: “Tindle Newspapers have been proud to serve the people of the Somerset/ Devon border.”

Perraton added that no journalists were made redundant by the closure, and that there are no current plans for any other newspapers from her centres in the south west to close.

Sandra Perraton - Tindle Newspapers Ltd.

At the time of Tindle’s purchase of the title from View From Publishing, former chairman Sir Ray Tindle said it was an “excellent editorial and advertising publication and we are proud to have it in our family”, adding: “There is a big future for these community newspapers.”

The Blackdown Hills newspaper was the last surviving View From title after the series was closed on 4 January due to “falling revenues” . It was the only title still owned by Tindle.

The other View From editions were owned by Capital Media Newspapers until it went into administration in July 2017 and then bought by Sunday Independent owner Peter Masters.

After Masters closed the newspaper series, the brand was sold for £1 to Duncan Williams, a director of West Country media company Pulman’s Weekly News Group.

Williams has now been found personally liable at a tribunal for thousands of pounds owed to former employees.

Media director found personally responsible for money owed to axed journalists

If Duncan Williams declares bankruptcy, claims for money will be transferred to the secretary of state

A REPORT BY ANITA MERRITT FOR CORNWALL LIVE

A Cornwall media director has been found personally liable to pay money owned to employees after he spent £1 to purchase a news organisation they were made redundant from before he acquired it.

A judgement delivered today at an employment tribunal concluded the former boss of the View From series, Peter Masters, chairman of Truro City Football Club, who made all staff redundant on January 4 due to the titles ceasing publication, was not liable for claims of staff still awaiting pay in lieu of notice, redundancy money and arrears of pay.

The decision heard at Exeter Combined Court stated that as media director Duncan Williams had bought the titles, which cover areas of Dorset, Devon and Somerset, on January 16, all right, powers, duties and liabilities had transferred to him rather than his limited company.

Mr Williams, who did not attend the two-day hearing, had stated he only purchased the intellectual property rights for the brands.

The 28 claimants will now attend a further hearing next March to determine how much money is owed to them. If Mr Williams declares bankruptcy, claims for money will be transferred to the secretary of state.

Duncan Williams

In July 2017, Peter Masters, owner of Cornwall-based Sunday Independent, announced the acquisition of the eight papers in the ‘View From’ series.

In January, Mr Masters, the sole shareholder, sold the Your View series to Mr Williams for £1, and resigned as director.

Evidence was given to support Mr Williams's intention to continue the business.

Employment judge Nicholas Roper said Vibe Marketing Group Ltd, which Mr Williams is the director of, was a ‘shell company’ and nothing more than a trading name. It means he is legally the employer and personally responsible.

He concluded Mr Williams is personally liable for claims of unfair dismissal and statutory redundancy payment. He is jointly liable with Vibe Marketing for pension deductions.

Peter Masters

Liable for a further claim of unlawful pension deductions from July 2017, which saw payments taken but not put into a work pension scheme, is Vibe Marketing.

One of the claimants is making a claim of unfair dismissal in December 2017, before the publication ceased printing, stating no verbal or written reason was provided.

Mr Williams runs independent news and marketing service the Poole Post. He is also a commercial development consultant with News Group Ltd and a director of Vibe Marketing.

Mr Williams launched a crowdfunding bid, with a target of £85,000, to revive the series of closed weekly newspapers.

At the time of the takeover, Mr Williams said an “accountants audit” would take place before any long-term decisions were made about the future of the publications.

The View From titles serve Beaminster, Bridport, Dorchester, Lyme Regis, Weymouth, Seaton, Honiton and South Somerset, while Pulman’s Weekly News serves Axminster.

The series was previously based in Lyme Regis.

Speaking after the tribunal, Mr Williams said: "I have no intention of going bankrupt. I was taken aback by the judge's decision as I had been told beforehand that this was a preliminary hearing to clarify issues that took place at the Westcountry newspaper group long before I became involved with it.

"I am appealing the Exeter court's decision and I am not seeking intervention from the Secretary of State."

Media Director Found Personally Responsible

Truro City FC chairman Peter Masters gives evidence at tribunal over newspapers sold for £1

An employment tribunal heard 27 journalists and staff were made redundant when the weekly newspapers went bust in January

REPORT BY ANITA MERRITT & GRAEME WILKINSON FOR CORNWALL LIVE

The chairman of Truro City Football Club has given evidence at a tribunal about a series of weekly newspapers he sold for £1.

The employment tribunal is looking into who is liable for paying money owed to 27 members of staff after the View From media series went bust.

The business had been acquired by Peter Masters, who is also the chairman of Truro City Football Club and the director of Cornwall Today magazine, in July 2017.

However the news publications, which covered the areas of Dorset, Devon and Somerset, closed in January and the staff were made redundant.

They claim they are all still awaiting pay in lieu of notice, redundancy money and arrears of pay.

Mr Masters, the sole shareholder at the time, then sold the business later that month for £1 to Duncan Williams, a media director at Vibe Marketing Group Ltd.

Giving evidence at the tribunal in Exeter, Mr Masters denied having known Mr Williams before the deal, despite a barrister presenting evidence his name and details had appeared on the View From website and blog in December 2017.

Peter Masters is the chairman of Truro City Football Club

Mr Masters said it had come as ‘a surprise’ when he was made aware of it at a later date, but said he understood Mr Williams had been interested in purchasing the titles back in July when he was the one to take it out of administration.

Mr Masters confirmed he resigned as director when the deal was struck with Mr Williams.

He added staff had been on ‘garden leave’ from January 4, but barrister James Arnold, representing the claimants told how their account of events was they had been locked out of office and told to remove their belongings and were not required to work again.

The new owner, Mr Williams, who was not present at the tribunal, claims he only purchased the intellectual property rights for the brands.

The hearing is scheduled to last for three days but on Wednesday the judge will decide whether Mr Williams is personally responsible for the claims or if Vibe Marketing Group Ltd is.

However, the claimants are likely to have to wait until next year for another hearing to make their own representations of what is owed to them.

The court heard all the employees were dismissed when the titles they worked for ceased publication on January 4.

Duncan Williams

Noting the absence of Mr Williams, employment judge Nicholas Roper said: “He has chosen not to attend.”

Evidence was given to support Mr Williams's intention to continue the business.

Mr Williams runs independent news and marketing service the Poole Post. He is also a commercial development consultant with News Group Ltd and a director of Vibe Marketing.

Mr Williams launched a crowdfunding bid, with a target of £85,000, to revive the series of closed weekly newspapers.

The employment tribunal continues.