Mr G Jones and Others v Gwynedd Transport Ltd (in Administration) and The Secretary of State for Business, Energy and Industrial Strategy: 1601193/2024 and Others
JUDGMENT
[1]Mr Bowring’s claim is amended to show his place of work (establishment) had been at Shotton and not at Holyhead.[2]The first respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.[3]The tribunal makes a protective award in respect of all the claimants; no uplift is awarded for breach of any ACAS Code.[4]The first respondent must pay remuneration to all the claimants for the period of 90 days beginning on 15 January 2024.[5]The first respondent is reminded of its obligations under regulation 6 of the Employment Protection (Recoupment of Benefits) Regulations 1996 to provide employee information to the Department for Work and Pensions. The tribunal also reminds the first respondent of the effect of regulation 7 of those regulations, 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 first respondent will be under a duty to make payments to the Department of the amounts set out in the recoupment notice. The first respondent should consult the regulations themselves for their full meaning. Approved by