Mr J Featham and Mr D Cuskern v Industrial Coating Services Ltd (In Administration) and Secretary of State for Business and Trade: 1301002/2022 and 1301038/2022
JUDGMENT
[1]The Claims of the Claimants for protective awards have been dealt with in a separate Judgment.[2]In relation to the Claim of Mr Featham:(1) the complaint as to non-payment of notice pay is well founded and the First Respondent is ordered to pay the Claimant the sum of £920.54 gross in respect of notice pay;(2) the complaint as to a breach of contract in respect of the non-payment of a bonus is well-founded and the First Respondent is ordered to pay the Claimant the sum of £4,800.00 gross as damages for breach of contract.[3]In relation to the Claim of Mr Cuskern:(1) the complaint as to non-payment of notice pay is well founded and the First Respondent is ordered to pay the Claimant the sum of £1,000.00 gross in respect of notice pay;(2) the complaint as to a breach of contract in respect of the non-payment of expenses is well-founded and the First Respondent is ordered to pay the Claimant the sum of £240.00 gross as damages for breach of contract;(3) the complaint as to holiday pay has not been pursued and is dismissed. - 1 - Case Number: 1301002/2022 & 1301038/2022[4]No separate Order is made against the Second Respondent, but by reason of the insolvency of the First Respondent, any sum payable by the First Respondent as notice pay may be treated as within the scope of the obligations of the Second Respondent under Employment Rights Act 1996 section 184. Signed