Ms S Royston and others v Pollywiggle Day Nursery Ltd (in creditors’ voluntary liquidation) and Secretary of State for Business, Energy and Industrial Strategy: 1805850/2021 and others
JUDGMENT
[1]The correct Respondent to all claims is Pollywiggle Day Nursery Limited (in creditors’ voluntary liquidation).[2]The claimants’ complaints of unauthorised deduction from wages fail and are dismissed.[3]Protective award3.1 The claimants’ complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by Respondent 1 to comply with the requirements of section 188 of the 1992 Act are well-founded.3.2 Respondent 1 is ordered, by way of protective award under section 189(3) of the 1992 Act, to pay to all of the claimants named in the employee schedule below remuneration for the period of 90 days beginning on 31 August 2021. 10.2 Judgment - rule 61 February Care No: 1805850/2021 & others3.3 The Recoupment Regulations apply in respect of Ms Lloyd, Ms Stones and Ms Plant and for those purposes, the prescribed period is the 90 days beginning on 31 August 2021 and the prescribed element is such sum as is due to each claimant accordingly based on the statutory calculation (this is the total award so there is no balance). Please see enclosed information about recoupment. Employee schedule: Claimant Case number Ms S Royston 1805850/2021 Ms A Stones 1805848/2021 Ms L Plant 1805853/2021 Ms M Ward 1805852/2021 Ms S Lloyd 1805862/2021 Ms T Hancock 1805849/2021 Ms E Bunfield 1805847/2021 Ms J Hartle 1805854/2021