Mr M Whelan and others v Pure Legal Ltd (in administration) and others: 2400898/2022 and others
JUDGMENT
AND ENTERED IN THE REGISTER FOR THE TRIBUNAL OFFICE Case Number: 2400898/2022 & others (see attached schedule) Schedule 2400898/2022 Mr M Whelan 2400899/2022 Miss S Dixon 2400900/2022 Mrs J Croft 2400901/2022 Miss I Hall 2400902/2022 Mr A Fisher 2400903/2022 Mrs H Hitchcock 2400904/2022 Mr C McNamara 2400905/2022 Mr M Heanue 2400906/2022 Mr J Linton 2400907/2022 Mr M Ordish 2400908/2022 Miss M Lyons 2400909/2022 Mrs K Spall 2400910/2022 Miss H Hazar 2400911/2022 Mrs D Best 2400912/2022 Miss F Mathias 2400913/2022 Miss V Plows 2400914/2022 Miss Y Dattani 2400917/2022 Miss M Virdee Case Number: 2400898/2022 & others (see attached schedule) 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, income-related 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. Case Number: 2400898/2022 & others (see attached schedule) 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. Case Nos. 2400898/2022 and others (see attached Schedule) 1 EMPLOYMENT TRIBUNALS Claimants: Mr M Whelan and others (see attached schedule) Respondents: Pure Legal Limited (In administration) PLL One Realisations Limited (in administration)[3]Secretary of State for Business, Energy and Industrial Strategy[4]Pure Claims Support Services Limited Heard at: Manchester On: 2 March 2022 Before: Employment Judge Ross[1]The Rule 21 judgment issued on 25 August 2022 sent to the parties on 3 August 2022 is reconsidered as follows.(i) Pure Claims Support Services Limited is added as a fourth respondent.(ii) The judgment of the Tribunal that the complaint of Mr Whelan and all the claimants (except Sara Dixon claim number 2400899/22) as listed on the attached Schedule is that the second respondent failed to comply with Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The Tribunal orders the second respondent to pay by way of a protective award under Section 189(3) of the 1992 Act, Mr Whelan and all of the claimants listed on the attached schedule who were dismissed for redundancy all around 2 November 2021 remuneration for the period of 90 days beginning on the date they were made redundant.[2]In relation to Sara Dixon claim number 2400899/22 the judgment of the Tribunal is that the fourth respondent failed to comply with Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The Tribunal orders the fourth respondent to pay, by way of protective award under Section 189(3) of the 1992 Act, Ms Dixon, who was dismissed for redundancy on or Case Nos. 2400898/2022 and others (see attached Schedule) 2 around 2 November 2021, remuneration for the period of 90 days beginning on the date she was made redundant. The Recoupment Regulations apply.