Ms S Aamer and others v Tonik Energy Ltd (in Creditors Voluntary Liquidation) and The Secretary of State for Business, Energy and Industrial Strategy: 1305552/2022 and others
JUDGMENT
The First Respondent shall pay to each of the Claimants named in Annexe A attached to this judgment the amount specified against their name in the final column of Annexe A, (headed “Remaining PA”).REASONS
[1]By a judgment by consent made on 31 May 2022, the Tribunal made a protective award to the Claimants named in the Schedule attached to the judgment of 31 May 2022.[2]Reference is made to the above-mentioned judgment and the above-mentioned Schedule.[3]The Claimant issued enforcement proceedings under s.192 of the Trade Union and Labour Relations (Consolidation) Act 1992 and s.186 of the Employment Rights Act 1996.[4]By e-mail received by the Tribunal at 11.15 pm on 26 June 2023, the following was confirmed on behalf of Matthew Cowlishaw, Joint Liquidator of Tonik Energy Limited (in Liquidation): “Please be advised that it is not disputed that the employees listed in this claim are entitled to a protective award but we reserve our position on the amount of any outstanding remuneration pending receipt of a proof of debt form from the Redundancy Payments Service and until such time, if sufficient funds become available, that we issue a Notice to Creditors of Intended Dividend (Pursuant To 14.29 of the Insolvency (England & Wales) Rules 2016) giving notice of our intention to declare a dividend to unsecured creditors. On that basis we have no objection with the employment tribunal making a judgement if it sees fit for an award in line with figures provided in the bundle by Nualaw”.[5]Nualaw are the Claimant’s solicitors.[6]Reference is made to Annexe A attached to this judgment. In relation to each Claimant named in Annexe A, the Tribunal is satisfied that the Claimant concerned:(a) is entitled to a protective award in the sum specified in the penultimate column of Annexe A, (headed “Total PA”);(b) has, in partial discharge of his or her protective award, received from the Second Respondent the sum specified in the third last column of Annexe A, (headed “Gross paid by RPS”), and(c) has an outstanding entitlement in the sum specified in the final column of Annexe A, (headed “Remaining PA”).[7]In the circumstances, the First Respondent shall pay to each of the Claimants named in Annexe A the amount specified against their name in the final column of Annexe A, (headed “Remaining PA”). Employment Judge Gilroy KC Date: 3 rd July 2023 Annexe A First Name Second Name Gross wage Gross paid Total PA Remaining Case Number / per week by RPS PA Suman Aamer £383.56 £3,068.48 £4,932.58 £1,864.10 1305552/2022 Amina Ali £217.77 £1,742.16 £2,800.52 £1,058.36 1305553/2022 Ambareen Arif £361.89 £2,895.12 £4,653.91 £1,758.79 1305554/2022 Arpita Banerjee £652.05 £4,568.00 £8,385.36 £3,817.36 1305555/2022 Natasha Bevan £517.81 £4,142.48 £6,659.04 £2,516.56 1305556/2022 Dukagjin Cavolli £370.15 £2,742.57 £4,760.13 £2,017.56 1305557/2022 Gurjinder Cheema £361.51 £2,892.08 £4,649.02 £1,756.94 1305558/2022 Olivia Cookson £207.20 £1,657.60 £2,664.59 £1,006.99 1305559/2022 Nicholas Davies £368.22 £2,945.76 £4,735.31 £1,789.55 1305560/2022 Jonathan Eling £613.70 £4,126.53 £7,892.18 £3,765.65 1305561/2022 Damien Ferris £489.04 £3,912.32 £6,289.05 £2,376.73 1305562/2022 Omari Forde £373.97 £2,991.76 £4,809.25 £1,817.49 1305563/2022 Keon Glasgow £489.04 £3,760.11 £6,289.05 £2,528.94 1305564/2022 Dhara Hardas £600.93 £4,519.32 £7,727.96 £3,208.64 1305565/2022 Melissa Hassam £322.19 £2,577.52 £4,143.36 £1,565.84 1305566/2022 Aqib Hussain £369.14 £2,953.12 £4,747.14 £1,794.02 1305567/2022 Nazaqat Hussain £306.67 £2,396.04 £3,943.78 £1,547.74 1305568/2022 Scott James £369.14 £2,953.12 £4,747.14 £1,794.02 1305569/2022 Georgia Jones £419.04 £3,352.32 £5,388.85 £2,036.53 1305570/2022 Ramandeep Kaur £200.09 £1,600.72 £2,573.16 £972.44 1305571/2022 Danny Lakin £361.89 £2,642.46 £4,653.91 £2,011.45 1305572/2022 Ravinder Malhi £361.89 £2,895.12 £4,653.91 £1,758.79 1305573/2022 Lewis McKellar £489.04 £3,912.32 £6,289.05 £2,376.73 1305574/2022 Gawin McLoughlin-Yip £362.88 £2,903.04 £4,666.64 £1,763.60 1305575/2022 Rozan Murad £373.97 £2,991.76 £4,809.25 £1,817.49 1305576/2022 Joyce Nihoza £361.89 £2,895.12 £4,653.91 £1,758.79 1305577/2022 Stephen Nye £419.02 £3,352.16 £5,388.60 £2,036.44 1305578/2022 Maria O’Malley £745.40 £4,568.00 £9,585.84 £5,017.84 1305579/2022 Nisha Patel £537.95 £4,303.60 £6,918.04 £2,614.44 1305580/2022 Jacob Ronan £360.55 £2,501.22 £4,636.67 £2,135.45 1305581/2022 Manpreet Sandhu £431.51 £3,452.08 £5,549.22 £2,097.14 1305582/2022 Robert Sarginson £415.93 £3,327.44 £5,348.86 £2,021.42 1305583/2022 Adam Sawojka £349.04 £2,792.32 £4,488.65 £1,696.33 1305584/2022 Shannon Smylie £253.92 £2,031.36 £3,265.41 £1,234.05 1305585/2022 Lee Taplin £373.97 £2,991.76 £4,809.25 £1,817.49 1305586/2022 Melissa Thomas £369.14 £2,953.12 £4,747.14 £1,794.02 1305587/2022 Debra Tranter £354.79 £2,838.32 £4,562.60 £1,724.28 1305588/2022 Chelsea Wainman £369.14 £2,706.31 £4,747.14 £2,040.83 1305589/2022 Markell Wallace £362.88 £0.00 £4,666.70 £4,666.70 1305590/2022 Louise Ward £489.04 £3,912.32 £6,289.05 £2,376.73 1305591/2022 Chloe White £293.80 £2,350.40 £3,778.27 £1,427.87 1305592/2022 Theo Wynter £234.63 £1,877.04 £3,017.34 £1,140.30 1305593/2022