Ms J Green v Braitrim (UK) Ltd T/a Briaform Reuse Centre (In Voluntary Creditors’ Liquidation): 1802604/2020

EMPLOYMENT TRIBUNALS

Case No 1802604/2020

Between

Ms J GreenClaimant

Braitrim (UK) Ltd T/a Briaform Reuse Centre (In Voluntary Creditors’ Liquidation)Respondent

Before

Employment Judge Lancaster

Not represented for respondent

Date 14 September 2020

JUDGMENT

[1]The complaint that the Respondent has failed to comply with the requirements of sections 188 and/or 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 are well founded.

[2]The Claimant is entitled to a protective award for a period of 90 days from 31st March

[3]The Employment Protection (Recoupment of Benefit) Regulations 1996 regulations 6 7 and 8 apply to this award.

[4]The Respondent is accordingly advised of its duties under the Regulations and any award made will be postponed pending any service of a recoupment notice by the Secretary of State in respect of relevant benefits received by the Claimant in the prescribed period and only the balance of any remuneration due will then be payable directly to the Claimant.

[5]All other claims arising from the dismissal, whether for a redundancy payment, breach of contract or arrears of wages/holiday pay are formally dismissed upon withdrawal.