The facts. Mr. Hassan Bahhate had been hired as a colorim preparer by the company Sublistatic (world leader of fashion paper manufacturers, with 223 employees) and was made redundant on 12th January 2007. On 24th May 2007, Mr. Bahhate took his case to the employment tribunal of Lens to oblige the company S.a. Sublistatic, in the person of its legal representative M. Theeten, and S.a.s Acland Capital Investissement to pay him compensation for not respecting the redundancy procedure, which was unfounded and was a serious, abusive breach of contract and illegal redundancy, given the absence of an employment safeguard plan (PSE), which should have been prepared. Sas Acland had purchased Sublistatic in 2002 through a Leveraged Buy Out (LBO), which in fact meant that the buyer company financed most of its purchase through a loan which was reimbursed from the profits of the purchasing company. The employment tribunal looked favourably on the petition, justifying the invalidity of the redundancy owing to the absence of the PSE and ordered Sublistatic and Société Acland, having acknowledged its capacity of co-employer, to pay redundancy compensation of 58,000 euros.
absence of an employment safeguard plan (PSE), which should have been prepared. Sas Acland had purchased Sublistatic in 2002 through a Leveraged Buy Out (LBO), which in fact meant that the buyer company financed most of its purchase through a loan which was reimbursed from the profits of the purchasing company. The employment tribunal looked favourably on the petition, justifying the invalidity of the redundancy owing to the absence of the PSE and ordered Sublistatic and Société Acland, having acknowledged its capacity of co-employer, to pay redundancy compensation of 58,000 euros.
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