Mr L Taylor v Lean Education and Development Ltd (Dissolved) and The Secretary of State for Business and Trade: 1303528/2022
[4]Respondent: Lean Education and Development Limited (Dissolved)(1) The Secretary of State for Business and Trade(2) [8]Claimant: In person Respondents: Not in attendance[11](i) The Claimant claim for notice pay is made out.[12](ii) The first Respondent failed to pay the Claimant his notice pay of 11 weeks as he was employed for a full 11 years from the 6 July 2011 through to the 8 September 2022 (statutory notice period). He was aged 37 at the date of termination and his weekly gross pay was £613.70. Section 86 Employment Rights Act 1996. Not less than one week notice for each full year. That is 11 full years. 11 X £613.70. £6750.70 minus £570.92 paid by the Insolvency service is[14](iii) The judgment of the Tribunal is that the Claimant’s complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the respondent to comply with the requirements of section 188 of the 1992 Act succeeds.[16]The Tribunal orders the respondent by way of protective award under section 189(3) of the 1992 Act to pay to the Claimant who formerly worked at the respondent’s site at DY2 9LP who was dismissed for redundancy on the 30 June 2022 remuneration for the period of 90 days beginning on 1 July 2022.[17](iv) There was a complete failure to consult and nothing before me to mitigate the failure and so I award the maximum award of 90 days. If the payment is made by the Insolvency Service the Claimant understands it will be limited to £613.70 per week for 8 weeks which is £4909.60, otherwise if the first Respondent makes the payment it is 90 days and so 90 days is 12.86 weeks. The net weekly pay being £509.58.[19](v) The Claimant’s claim for breach of contract in the form of unpaid expenses is made out. The first respondent is liable to pay the Claimant,[23](vii) The Recoupment Regulations apply to this award. The prescribed element is net. The period prescribed is the 01 July 2022 to the 8 September 2022. The excess of the prescribed element is £6553.20.[24](viii) The Recoupment Regulations apply to this award, and I am required by law to explain their operation to you. The Tribunal has ordered the Respondent to pay the Claimant(s) a sum in respect of a Protective Award. If any of the Claimants keep any Jobseeker's Allowance and/or income-related Employment Support Allowance, and/or universal credit and/or Income Support, they have received up to to-day, they will be better off than if they had been at work – they will have made a profit because of the award. The way the Government gets it back is through the Recoupment Regulations.[25](ix) Where a Tribunal makes a protective award under s.189, the employer must give to the Secretary of State in writing:[26](a) The name address and national insurance number of every employee to whom the award relates; and(b) The date of termination (or proposed termination) of the employment of
(x) Unless it is not reasonably practicable for the employer to do so, the employer shall do this within 10 days, commencing on the day on which the employment tribunal at the hearing announces the effect of the decision to make a protective award7. If it is[30]not reasonably practicable for the employer to comply within that period, they shall do so as soon as reasonably practicable after.[31](xi) This will have the effect of postponing relevant awards to enable the Secretary of State to initiate recoupment and accordingly, payment of any remuneration to which the claimant(s) would be otherwise entitled under a protective award, shall be treated as stayed until the Secretary of State has issued a Recoupment Notice on the employer or has notified the employer in writing that he does not intend to serve a Recoupment Notice.[32](xii) The Notice will either require the Respondent to pay all, or part, of the Protective Award to the Department, or tell the Respondent that it does not require any payment. When the Respondent receives the Notice, the Respondent must pay to the Department for Work and Pensions the sum specified in the Notice and the balance should be paid to [each] Claimant.’ employer at the rate of a week’s pay for each week of the protected period. This is not subject to any statutory cap on the amount of a week’s pay (see section 227 of the Employment Rights Act 1996, although the amount which the Secretary of State will pay is).[36]Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.[37]Public access to employment tribunal decisions Judgments (apart from judgments under rule 51) and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.