Tag Archives: Philip W Brewer

Freeholds Reclaimed, Disbursements and Pension Fund top-ups promised as SPCK settle dispute with SSG

IT’S BEEN A SLOW TRAIN COMING, but SPCK have at long last drawn a line under their long-running legal dispute with SSG, the charity set up by Phil & Mark Brewer to run, but which ultimately ruined, the the former SPCK bookshops. In a news bulletin posted yesterday, Friday 14th September 2012 — just short of six years since the original handover of the shops to SSG was announced — SPCK declared that it had “finally concluded” the matter with “a predicated settlement involving the return of some shop freeholds or their realised value” and further anticipated “substantial disbursements – as yet unquantified – and legal costs which will be clarified in the coming months.”

Describing the settlement, Simon Kingston went on to say,

In particular, SPCK is committed to paying substantial sums into the fund relating to the pension which was operating in the days of the shops.

Congratulations must be made to Simon in particular for his quiet determination and persistence in pursuing this matter to a conclusion. The damage done by the Brewer brothers can never be undone but most of those who suffered at their hands should now be able to begin to look forward to a brighter future and, hopefully, some measure of restitution.

SPCK News: SPCK Legal Dispute Concluded

SPCK News: SPCK Legal Dispute Concluded

Full Statement: SPCK Legal Dispute Concluded

SPCK is pleased to announce that it has finally concluded its long legal dispute with Saint Stephen the Great Charitable Trust. Simon Kingston, CEO and General Secretary, says: “We are very glad to have brought this difficult matter to a conclusion at last. It has been painful for everybody, and particularly for the staff of our former shops. We therefore welcome the news that SSGCT is unlikely to continue as a charity.

“We are now in a better position to focus all our energies on our core aim of bringing knowledge of the Christian faith to the whole world.”

As part of the agreement, SPCK receives a predicated settlement involving the return of some shop freeholds or their realised value. This will be reflected in SPCK’s annual accounts. However, we anticipate substantial disbursements – as yet unquantified – and legal costs which will be clarified in the coming months.

“Funds from this settlement will be vital at a time that is so challenging financially,” said Mr Kingston. “In particular, SPCK is committed to paying substantial sums into the fund relating to the pension which was operating in the days of the shops.”

The Rt Revd John Pritchard, Bishop of Oxford, Chair of SPCK, also welcomed the announcement. “This is good news for SPCK and good news for the Church. Now that this is resolved, SPCK can look to the future with confidence.

“And there is plenty to celebrate. Last year, for example, SPCK gave away 12,000 International Study Guides to students training for ministry in some of the poorest parts of the world. Closer to home, the (free) Assemblies website had 37 million hits, and the charity sold over a third of a million books in the UK and another 300,000 overseas. There are more exciting developments in hand for 2012, including the launch of resources supporting literacy in prisons.”

 

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Philip Brewer files for Chapter 7 Bankruptcy in California

US Bankruptcy Court, Central District of California: Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines

US Bankruptcy Court, Central District of California: Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines

PHILIP BREWER has filed for Chapter 7 Bankruptcy in California, Case No. 9:11-bk-14384-PC.

The Bankruptcy Notice states that a Meeting of Creditors is scheduled to take place at 10am, Oct 17, 2011, at 128 East Carillo St, Santa Barbara, CA 93101.

The deadline given for filing objections to Debtor’s Discharge or to Challenge Dischargeability of Certain Debts is Dec 16, 2011; and the deadline to Object to Exemptions is thirty days after the conclusion of the meeting of creditors.

Reverse of Notice: Explanations

Reverse of Notice: Explanations

The reverse of the notice provides important explanations including advice to creditors with foreign (ie non-USA) addresses, who should consult a lawyer familiar with United States bankruptcy law if they have any queries about their rights in this case. It also gives other important information about certain actions that creditors are prohibited from taking, such as contacting the debtor to demand payment or taking action to collect money/obtain property.


Disclaimer: This post is for information only and does not constitute any form of legal advice.

Durham Cathedral Staff Tribunal Starts

Our thanks to Valiant For Truth for bringing to our attention that in The Journal Newspaper yesterday there was an article of great import to those who frequent this site,

Durham Cathedral Bookshop Staff Launch Legal Fight

This in many ways marks the official start of Durham Staff in their fight for Justice against the Brewer Brothers and their tactics of playing fast and loose with employment law and the rights of workers to be treated fairly and dismissed in a right way.

However Durham Cathedral itself via their trading arm are also in the dock as it were, again something that may not come as any great surprise to readers of this blog who have at times been dismayed, upset and hurt by some of the Cathedrals inactions and actions throughout the saga.

The article begins by saying:

CATHEDRAL bosses could become embroiled in a complex legal fight after bookshop staff launched tribunal proceedings.

Six workers at Durham Cathedral’s bookshop are seeking compensation after their employment was allegedly terminated when the shop unexpectedly closed on January 22 this year.

But confusion has arisen over who is potentially liable for any payouts and proceedings have been listed against several different companies, including the cathedral’s trading arm, Durham Cathedral Trading Ltd.

The article then goes on to say:

Miss Jeram, representing the Trust, (inserted clarification for blog readers – that’s SSGCT) said: “There are a number of uncertainties. There has been a great deal of confusion right from the beginning over their employer.

“The only issues can be who the employer was immediately prior to the closing of the bookshop and who the employer was at any time after that, in the period between January 22 and March 1.

“We’ve got to consider whether the claims should be struck out against the first respondent. At some point after June 2007 and before July 2008 it is my understanding that the Brewers attempted to wind up SSG LLC in Houston. After that time their employer could not have been SSG so it would have become the Durham Cathedral Shop Management Company.”

Claims against employers involve redundancy pay, unfair dismissal, breach of contract and unpaid work.

Sara Brody, representing the staff on behalf of shop workers union Usdaw at the hearing, argued the Trust should remain on the list of potential employers.

She said: “The claimants believe the Trust was their employer throughout, so their primary claim is against the Trust.”

Last year Durham cathedral bosses served SSG notice to vacate the shop, the last in the UK to be involved with the Trust, by May of this year.

Again these issues as raised are nothing new to anyone aquainted with this situation, previous tribunal actions and this blog.

So again we would ask that anyone who has any information, paperwork or correspondence of any sort that could help USDAW and the Durham staff to clear up the issue of employers please do get in touch with them directly.  Anything that demonstrates who people believed they were doing business with or indeed were doing business with during the time frames mentioned can all help in proving who the employers were and give credence to the staffs perception of employer, so please do get in touch with USDAW and offer your help to them in making sure justice is again done.

As always our thoughts are with those involved in this action and we hope for a swift and just outcome for the Staff at Durham.

A Tangled Web for Creditors as Durham Cathedral announces plans to Re-Open Shop under its own Management

Phil Groom writes:

Update, Feb 17, 2010

The original news item this report relates to has vanished from the Cathedral website. Now copied into a comment below for reference.

Following last week’s announcement that the Brewer brothers had pulled out of Durham Cathedral ahead of schedule, the Cathedral have now announced a date, 1st March 2010, for the shop to re-open under its own management: The Cathedral Shop – A New Beginning

Due to problems with the roof of the Great Kitchen, where the former SPCK bookshop was situated, the shop will initially open in the entrance area of the original shop with a “focus on the needs of visitors to the Cathedral”. Those who have raised concerns about the need for a good theological bookshop are offered some reassurance, however, as the announcement continues, “As soon as arrangements can be made, a larger shop will open with a wide range of theology books and church supplies.” The new shop is eventually expected to be located in the Undercroft, opposite the restaurant.

Parts of yesterday’s announcement, however, could almost have been written by Philip W Brewer himself and will no doubt leave creditors scratching their heads in bemusement:

From yesterday’s announcement:

The Cathedral cannot deal with any inquiries relating to the former shop which should be directed to St Stephen the Great Trust. …

Organisations will need to establish new accounts since this is a completely new business…

From Philip W Brewer’s instructions to staff when ‘Durham Cathedral Shop Management Company’ was established in March 2008:

Please work with your suppliers as a new entity. Ignore whatever was and whoever was in the past. We are now a new company, with no relationship to the old going forward. So, contact your suppliers, tell them the drill, that you are a new company and that you would like to begin trading. When and if asked about billing, tell them they should process that at vendor-accounts, as you are not aware of how they are paying old invoices, etc. they will need to chase Saint Stephen the Great Trust as they have been doing.

Last year I and several others contacted Peter Gotham, Interim Manager of the St Stephen the Great Trust, urging him to seize control of the Durham shop as he had with others. He responded by insisting that the Durham shop did not come under his remit and refused to take responsibility or comment further on the matter.

If not the Interim Manager, to whom should those with enquiries about the former shop address those enquiries? Perhaps the Cathedral Chapter, whom one hopes has a little more integrity than Philip W Brewer, will post contact details for the division of the St Stephen the Great Trust towards which they are directing enquirers?

Finding Phil Brewer

Phil Groom writes:

A number of suppliers and other creditors have been in touch to say that Phil Brewer is not responding to emails or other business correspondence. That’s his prerogative, of course, and hardly surprising given his shameful record of business practice here in the UK. I remain completely astonished that despite knowing the facts about his abusive treatment of his employees and the utter contempt he has shown towards his business partners, the powers-that-be at Durham Cathedral continue to provide him with a foothold and safe haven from which to operate: he should be summarily evicted.

Be that as it may, however, here’s a summary of the contact information that I have for him. All of this is drawn from publicly available sources, largely from a simple Google search for Philip W Brewer. A search for his brother, J Mark Brewer, is similarly rewarding, but for today, let’s focus on finding Phil:

You’ll find more info, as well as a round up of creditors already paid, here:

So no more excuses: send the man a Christmas card today; and why not drop the powers-that-be at Durham Cathedral a line as well to tell them what you think of the ongoing situation there? A Christmas card for the beleaguered staff at the Cathedral bookshop might go down well too, come to think of it…

Official Usdaw Press Release: Victory for workers sacked by email

Download Full Press Release (pdf, 224kb)

Download Full Press Release (pdf, 224kb)

Phil Groom writes:

Usdaw released the Press Release (html | pdf, 224kb) copied below today, Wednesday 19 August 2009. The Notes to Editors appended to the press release give a superb summary of the whole Brewer debacle to date, so be sure to click through to read that; and don’t miss this BBC report: Sacked bookshop staff win payout!

The story is, of course, far from over yet, with Philip W ‘Slippery Fingers’ Brewer apparently still in personal control of the Chichester and Durham shops. Reports emerging indicate that the Charity Commission are closing in, however…

Victory for workers sacked by email

32 sacked Christian bookshop workers have finally won a substantial payout with the help of shopworkers’ union Usdaw.

The workers were employed by the long-established SPCK chain of Christian bookshops until they were transferred to a charity called Saint Stephen the Great Charitable Trust (SSG) in November 2006, controlled by two American brothers, Mark and Philip Brewer.

The Brewers tried to force the staff to sign new contracts which gave them longer hours, fewer holidays and poorer pension rights.

Between February and June 2008 the 32 workers were sacked by the Brewer brothers, with many getting the news by e-mail, breaking UK employment law.

Usdaw launched a legal fight to help the workers get justice and the money they were owed when they were sacked, lodging claims in the Employment Tribunal.

Heather Leather, one of the sacked workers, said:

“We were so pleased to have Usdaw behind us when all this happened. At the shop where I worked the staff had a total of more than 100 years’ service between us. We simply didn’t know what was happening when the Brewers started all this, and we never expected to be treated this way, when we had done nothing wrong. But Usdaw was behind us from the start and guided us round all the legal hurdles the Brewers tried to put in our way.”

John Hannett, Usdaw General Secretary, added:

“We are delighted that these long-serving and dedicated members have finally won the compensation they deserve. We believe they have been treated appallingly, with no regard for British law or for the loyalty of the staff.

“Usdaw’s Legal Department has worked hard to ensure that justice was achieved for these workers. Because the case was so complex, affecting people in shops across the country, they would never have been able to get such a great result without the backing of a union, and Usdaw is proud to have been able to help them.”

Philip Brewer files for Chapter 13 Personal Reorganization

Phil Groom writes:

The excerpt copied below is from a notice posted at AzBiz.com under Daily Territorial > Bankruptcies > bank 8/3/9 and bank 7/30/9 (h/t asingleblog). Keep reading: there’s more