Mrs D Barry and others v Hudsons of England Ltd (in administration) and others: 1302487/2016
JUDGMENT
The complaint of unfair dismissal and the claims against the second respondent are dismissed following a withdrawal by the claimants. The claimants’ remaining claim of a failure to consult under section 189 Trade Union & Labour Relations (Consolidation) Act 1992 will proceed to a Preliminary Hearing (Case Management) on 22 February 2017 _____________________________ Employment Judge Woffenden 21 February 2017 Schedule Case Number Case Name 1302487/2016 Mrs D Barry -v- Hudsons of England Ltd (in Administration) & Others Case Number: 1302487/2016 & others (see attached schedule) 6.9 Judgment on Withdrawal – part - rule 52 1302488/2016 Mr D Badbury -v- Hudsons of England Ltd (in Administration) & Others 1302489/2016 Mrs C Coward -v- Hudsons of England Ltd (in Administration) & Others 1302490/2016 Mrs L Gascoigne -v- Hudsons of England Ltd (in Administration) & Others 1302491/2016 Mr R Harper -v- Hudsons of England Ltd (in Administration) & Others 1302492/2016 Mrs J Hayes -v- Hudsons of England Ltd (in Administration) & Others 1302493/2016 Mrs M Kelly -v- Hudsons of England Ltd (in Administration) & Others 1302494/2016 Mr G Kelsall -v- Hudsons of England Ltd (in Administration) & Others 1302495/2016 Mrs S Lawson -v- Hudsons of England Ltd (in Administration) & Others 1302496/2016 Mrs T Mathews -v- Hudsons of England Ltd (in Administration) & Others 1302497/2016 Mrs S Monks- Neil -v- Hudsons of England Ltd (in Administration) & Others 1302498/2016 Mrs S Ottaway -v- Hudsons of England Ltd (in Administration) & Others 1302499/2016 Mr M Parker -v- Hudsons of England Ltd (in Administration) & Others 1302500/2016 Mrs S Parkes -v- Hudsons of England Ltd (in Administration) & Others 1302501/2016 Mr K Parton -v- Hudsons of England Ltd (in Administration) & Others 1302502/2016 Mrs J Percival -v- Hudsons of England Ltd (in Administration) & Others 1302503/2016 Miss S Rowley -v- Hudsons of England Ltd (in Administration) & Others 1302504/2016 Mrs C Tilstone -v- Hudsons of England Ltd (in Administration) & Others 1302505/2016 Mr Gmb Trade Union -v- Hudsons of England Ltd (in Administration) & Others 1302506/2016 Ms S Warburton -v- Hudsons of England Ltd (in Administration) & Others Case No: 1302487/2016 10.1 Judgment – no hearing - rule 60 EMPLOYMENT TRIBUNALS Claimants: Mrs D Barry and others Respondents: Hudsons of England in Administration(1) Secretary of State for Business Energy and Industrial Strategy(2) JUDGMENT[1]In this Judgment “the claimants” means those listed in the Schedule to it.[2]The claimants were employed by the first respondent and were among some 44 employees who were dismissed as redundant on 15 June 2016. The first respondent went into administration on 15 June 2016.[3]I declare that the complaint that the first respondent failed to comply with the requirements of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is well-founded.[4]I make a protective award in respect of the claimants and ordered the first respondent to pay to each of the claimants remuneration for the protected period of 90 days beginning on 15 June 2016. 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 first respondent of its duties under Regulation 6, and of the effect of Regulations 7 and 8, of the Regulations.(1) The first 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 of the employment of each such employee.(2) The first 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 judgement was sent to 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 first respondent a notice (“a recoupment notice”) to pay the whole or part of the award to the Benefits Agency or (b) informed the first respondent in writing that no recoupment notice is to be served.(4) The sum due to the Benefits Agency under the recoupment notice shall be the lesser of: Case No: 1302487/2016 10.1 Judgment – no hearing - rule 60 (i) the amount (less any tax or social security contributions which is full to be deducted by the first 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 first 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 in paragraph 4 (i) above, or as soon as practicable thereafter.(7) Payment by the first 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 the first respondent in respect of any sum so paid.(8) The sum claimed in a recoupment notice is due as a debt by the first 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. THE SCHEDULE Case Number 130 2487/2016 Mrs D Barry Case Number 130 2488/2016 Mr D Bradbury Case Number 130 2489/2016 Mrs C Coward Case Number 130 2490/2016 Mrs L Gascoigne Case Number 130 2491/2016 Mr R Harper Case Number 130 2492/2016 Mrs J Hayes Case Number 130 2493/2016 Mrs M Kelly Case Number 130 2494/2016 Mr G Kelsall Case Number 130 2495/2016 Mrs S Lawson Case Number 130 2497/2016 Mrs S Monks-Neil Case Number 130 2498/2016 Mrs S Ottaway Case Number 130 2499/2016 Mr M Parker Case Number 1302500/2016 Mrs S Parkes Case Number 130 2501/2016 Mr K Parton Case Number 130 2582/2016 Mrs J Percival Case Number 130 2503/2016 Miss S Rowley Case Number 130 2504/2016 Mrs C Tilstone