Miss R McPoland v Byron Hamburgers Ltd (in Administration) and Secretary of State for Business, Energy, and Industrial Strategy: 2303629/2020
JUDGMENT
[1]The claimant’s claim for unfair dismissal is dismissed upon withdrawal.[2]The claimant’s claim for a redundancy payment is dismissed upon withdrawal.[3]The claimant’s claim for notice pay is dismissed upon withdrawal.[4]The claimant’s claim for holiday pay is dismissed upon withdrawal.[5]The application for a protective award pursuant to section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) is well founded.[6]The first respondent is ordered to pay remuneration calculated in accordance with section 190 of the 1992 Act to the claimant who was dismissed as redundant on 31 July 2020 for the protected period. For the avoidance of any doubt, the award contained in this Judgment relates only to the claimant.[7]The protected period is for 90 days and is from 31 July 2020 to 29 October 2020. 10.2 Judgment - rule 61 March Case No: 2303629/2020[8]The Employment Protection (Recoupment of Benefits) Regulations 1996 (“the 1996 Regulations”) apply to this award. Regulation 6 imposes a duty on the first respondent to provide information to the Secretary of State (as referred to in the 1996 Regulations). Regulation 7 postpones this award in order to enable the Secretary of State (as referred to in the 1996 Regulations) to serve a recoupment notice under Regulation 8.[9]The second respondent ought to pay to the claimant such amount of the protective award as falls within the statutory guarantee provisions set out in Part XII of the Employment Rights Act 1996.