C Flanagan and others (see attached schedule) v Pure Business Group Ltd (In Administration) and others: 2400617/2022 and others
JUDGMENT
AND ENTERED IN THE REGISTER Schedule 2400561/2022 ayodeji akande 2400562/2022 layla alderton 2400567/2022 amanda ashton 2400570/2022 gavin baxter 2400571/2022 anthony berry 2400572/2022 mark beswick 2400576/2022 bettina boszormenyi 2400581/2022 paul broadhurst 2400585/2022 guy brown 2400589/2022 emma case 2400594/2022 andrew clegg 2400598/2022 devon crowley 2400602/2022 neil daly 2400610/2022 leanne egan 2400614/2022 bethyn finley 2400615/2022 nicola finney 2400617/2022 Christina Flanagan 2400620/2022 jennifer furlong 2400625/2022 gary grimes 2400627/2022 heather hall 2400629/2022 marie hall 2400635/2022 phil hodgkinson 2400636/2022 sue hodgkinson 2400641/2022 helen hynes 2400644/2022 david kirby 2400645/2022 zita kiszko 2400650/2022 daniel lawlor 2400657/2022 rebecca mallon 2400658/2022 cameron mares 2400659/2022 rob mares 2400664/2022 ian mcdermott 2400668/2022 bryony millington 2400672/2022 sarah murray 2400680/2022 naomi petrou-brown 2400692/2022 jack robertson 2400696/2022 peter saunders 2400697/2022 andrew scott 2400700/2022 jennifer shaw 2400701/2022 jessica shaw 2400703/2022 lauren silker 2400708/2022 sophie smith 2400711/2022 david stacey 2400720/2022 philippa tracy 2400739/2022 lee salmon 2400740/2022 julie jennings 2400741/2022 carla maguire Case Number: 2400617/2022 ANNEX TO THE JUDGMENT (PROTECTIVE AWARDS) Recoupment of Benefits The following particulars are given pursuant to the Employment Protection (Recoupment of Benefits) Regulations 1996, SI 1996 No 2349. The respondent is under a duty to give the Secretary of State the following information in writing:(a) the name, address and National Insurance number of every employee to whom the protective award relates; and(b) the date of termination (or proposed termination) of the employment of each such employee. That information shall be given within 10 days, commencing on the day on which the Tribunal announced its judgment at the hearing. If the Tribunal did not announce its judgment at the hearing, the information shall be given within the period of 10 days, commencing on the day on which the relevant judgment was sent to the parties. In any case in which it is not reasonably practicable for the respondent to do so within those times, then the information shall be given as soon as reasonably practicable thereafter. No part of the remuneration due to an employee under the protective award is payable until either (a) the Secretary of State has served a notice (called a Recoupment Notice) on the respondent to pay the whole or part thereof to the Secretary of State or (b) the Secretary of State has notified the respondent in writing that no such notice is to be served. This is without prejudice to the right of an employee to present a complaint to an Employment Tribunal of the employer’s failure to pay remuneration under a protective award. If the Secretary of State has served a Recoupment Notice on the respondent, the sum claimed in the Recoupment Notice in relation to each employee will be whichever is the less of: (a) the amount (less any tax or social security contributions which fall to be deducted by the employer) accrued due to the employee in respect of so much of the protected period as falls before the date on which the Secretary of State receives from the employer the information referred to above; OR (b) (i) the amount paid by way of or paid as on account of jobseeker’s allowance, incomerelated employment and support allowance or income support to the employee for any period which coincides with any part of the protected period falling before the date described in (a) above; or (ii) in the case of an employee entitled to an award of universal credit for any period (“the UC period”) which coincides with any part of the period to which the prescribed element is attributable, any amount paid by way of or on account of universal credit for the UC period that would not have been paid if the person’s earned income for that period was the same as immediately before the period to which the prescribed element is attributable. The sum claimed in the Recoupment Notice will be payable forthwith to the Secretary of State. The balance of the remuneration under the protective award is then payable to the employee, subject to the deduction of any tax or social security contributions. A Recoupment Notice must be served within the period of 21 days after the Secretary of State has received from the respondent the above-mentioned information required to be given by the respondent to the Secretary of State or as soon as practicable thereafter. After paying the balance of the remuneration (less tax and social security contributions) to the employee, the respondent will not be further liable to the employee. However, the sum claimed in a Recoupment Notice is due from the respondent as a debt to the Secretary of State, whatever may have been paid to the employee, and regardless of any dispute between the employee and the Secretary of State as to the amount specified in the Recoupment Notice.