Mrs C Cottrell and others v Mufulira Ltd (in Compulsory Liquidation): 1600621/2023 and others
JUDGMENT
[1]The Respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.[2]The Tribunal makes a protective award in respect of all the Claimants, all of whom were employed at the same establishment, Ridgeway Care Centre (otherwise referred to as Ridgeway Nursing Home), Llawhaden, Narberth, Pembrokeshire and all of whom were dismissed on 28 October 2022.[3]The Respondent must pay remuneration to all the Claimants for the period of 90 days beginning on 28 October 2022.[4]The Respondent is reminded of its obligations under regulation 6 of the Employment Protection (Recoupment of Benefits) Regulations 1996 (or any subsequent applicable amended such provision) to provide employee information to the Department for Work and Pensions. The Tribunal also Case No. 1600621/2023, 1600622/2023, 1600623/2023, 1600624/2023, 1600625/2023 & 1600626/2023 reminds the Respondent of the effect of regulation 7 of those regulations (or any subsequent applicable amended such provision), namely that the protective award is stayed until the Department serves a recoupment notice or indicates that no such notice is to be served. By regulation 8, the Respondent will be under a duty to make payments to the Department of the amounts set out in the recoupment notice. The Respondent should consult the regulations themselves for their full meaning. Approved by