Mrs L Quinn and others v Berck Ltd (in Creditors’ Voluntary Liquidation): 1301200/2019 and others
JUDGMENT
[1]In this Judgment “the claimants” means those listed in the Schedule hereto.[2]The claimants were employed by the respondent and were among some 62 or so employees who were dismissed as redundant on 20 December 2019 whose place of work was the respondent’s site at Pleasant Street, West Bromwich.[3]For those complaints that were not presented in time in my judgment it was not reasonably practicable for them to be presented in time and they were presented within a further reasonable period.[4]I declare that the complaints that the respondent failed to comply with the requirements of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 are well founded.[5]I make a protective award in respect of each of the claimants (for the claims not marked duplicate) and order the respondent to pay to each of the claimants’ remuneration for the protected period of 90 days beginning on 20 December 2019. Employment Judge Perry 28 January 2020 Case Numbers: see attached schedule 2 / 3 NOTE: the following statement is given under Regulation 5 (2) (b) of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 (“the Regulations”) and advises the respondent of its duties under regulation 6, and of the effect of Regulations 7 and 8, of the Regulations.(1) The respondent is required to give to the Benefits Agency in writing: (a) the name, address and National Insurance number of every employee to whom the above protective award relates; and (b) the date of termination (or proposed termination) of the employment of each such employee.(2) The respondent is required to comply with paragraph (1) above within the period of 10 days commencing on the date on which the judgment was announced at the hearing, or, if it was not so announced, the date on which the judgment was sent to the parties.(3) No remuneration due to an employee under the protective award shall be paid to him until the Benefits Agency has (a) served on the respondent a notice (“a recoupment notice”) to pay the whole or part of the award to the Benefits Agency or (b) informed the respondent in writing that no recoupment notice is to be served.(4) The sum due to the Benefits Agency under a recoupment notice shall be the lesser of: (i) the amount (less any tax or social security contributions which fall to be deducted by the respondent) accrued due to the employee in respect of so much of the protected period as falls before the date on which the Benefits Agency receives from the respondent the information mentioned at paragraph (1) above; and (ii) the amount paid by way of, or as on account of, jobseeker’s allowance or income support to the employee for any period which coincides with any part of the protected period falling before the date mentioned at (i) above.(5) The sum due under the recoupment notice shall be paid forthwith to the Benefits Agency. The balance of the protective award shall then (subject to deduction of any tax or social security contributions) be paid to the employee.(6) The Benefits Agency shall serve a recoupment notice within the period of 21 days after the date mentioned at paragraph 4 (ii) above, or as soon as practicable thereafter.(7) Payment by the respondent to the employee of the balance of the protective award (subject to deduction of any tax or social security contributions) is a complete discharge of respondent in respect of any sum so paid.(8) The sum claimed in a recoupment notice is due as a debt by the respondent to the Benefits Agency, whatever may have been paid to the employee and whether or not there is any dispute between the employee and the Benefits Agency as to the amount specified in the recoupment notice. Case Numbers: see attached schedule 3 / 3 THE SCHEDULE 1301200/2019 Mrs Lisa Quinn 1301248/2019 Mr Raymond Jones 1301249/2019 Mrs Lisa Quinn (duplicate claim) 1301259/2019 Mr Mark Poole 1301282/2019 Mr Stuart Bakewell 1301289/2019 Mr Ray McGachie 1301290/2019 Mr Ray McGachie (duplicate claim) 1301294/2019 Mr Barry Wallace 1301310/2019 Mr Minesh Patel 1301840/2019 Mrs Alifa Waldron 1301841/2019 Mr Terence Griffin 1301842/2019 Mrs Michaela Guest 1301843/2019 Mrs Tracey Poole 1301844/2019 Mr John Poole 1301845/2019 Mr Paul Harwood 1301846/2019 Mrs Dawn Bate 1301847/2019 Mr Steve Bettridge 1301848/2019 Mr Neil Tolley 1301849/2019 Mr Christopher Morton 1301850/2019 Mrs Tracey Morton 1301851/2019 Mr Craig Atterbury 1301852/2019 Mr Pradeep Kumar 1301853/2019 Mr Ricki Power 1301854/2019 Mrs Alifa Waldron (duplicate claim) 1301855/2019 Mr Philip Franklin 1301856/2019 Mrs Wendy Franklin 1301857/2019 Mrs Gail Hopkins 1301858/2019 Mrs Mariana Bocea 1301859/2019 Ms Ann Smith 1301860/2019 Mr John Szum 1301861/2019 Mrs Tracy Bartlett 1301862/2019 Mrs Chetna Patel 1301863/2019 Mrs Valerie Clarke 1301864/2019 Mrs Kashmir Kaur 1301865/2019 Mr William Riley 1301866/2019 Mr Philip Allen 1301867/2019 Mr Ray McGachie (duplicate claim) 1301868/2019 Mr David Killarney 1301869/2019 Mr Stuart Bakewell (duplicate claim) 1301870/2019 Miss Laura Thornton 1301871/2019 Mrs Loretta James 1302057/2019 Mrs Loretta James (duplicate claim) 1306075/2019 Mrs Rita Stephen Case No: 1301200/2019 & Others 10.15 Certificate of Correction – rule 69 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mrs L Quinn Respondent: Berck Limited (in Creditors' Voluntary Liquidation) CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the judgment sent to the parties on 28 January 2020, is corrected as set out in block type at paragraphs 2 and 5. Employment Judge Perry 20 February 2020 Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing.