Mr L Arif and Others v Jupiter Marketing Ltd (in Administration) and The Secretary of State for Business Energy and Industrial Strategy: 1301446/2023 and Others
EMPLOYMENT TRIBUNALS
Case No 1301446/2023
Between
Mr L Arif and OthersClaimantJupiter Marketing Ltd (in Administration) and The Secretary of State for Business Energy and Industrial StrategyRespondent
Before
Employment Judge PerryDate 1 October 2025
JUDGMENT
UPON reading the joint application submitted by the claimant on behalf of the claimant and first respondent AND UPON permission for the Claimants’ claims to proceed against the Respondents and the lifting of the moratorium in relation to it is granted by the administrators of the First Respondent. AND UPON the claimants and first respondent having agreed to the terms of the Judgment set out below by consent AND UPON the second respondent having been given an opportunity to object to the terms of the Judgment set out below and not having done so The judgment of the Tribunal is as follows:- Protective Award[1]In relation to the Claimants, named in the Schedule, the First Respondent failed to adequately comply with a requirement of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 and the claim for a protective award brought under section 189 of the Trade Union & Labour Relations (Consolidation) Act 1992 succeeds.[2]The First Respondent is ordered to pay remuneration to the Claimants for a protected period of 90 days beginning on 05 September 2022, being the date on which the first of the dismissals to which the complaint relates took effect. Preferential debts[3]Subject to the normal categories of preferential debts set out in Schedule 6 of the Insolvency Act 1986, any payments made by the First Respondent (rather than the Secretary of State) pursuant to this Judgment will be paid as an unsecured dividend. Recoupment[4]A recoupment notice is annexed. Costs[5]There shall be no order as to costs and each party shall bear their own costs in these proceedings.