USDAW v Lockwoods Liverpool Ltd (in Administration) and The Secretary of State for Business, Energy and Industrial Strategy: 2402030/2019
JUDGMENT
[1]The first respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.[2]The tribunal makes a protective award in respect of all the first respondent’s employees, other than its Directors, who were employed at Unit 13, Bridle Way, Liverpool L30 4UA and who were made redundant on 14th November 2018.[3]The first respondent must pay remuneration to all the claimants for the period of 90 days beginning on 14th November 2018.[4]The first respondent is reminded of its obligations under regulation 6 of the Employment Protection (Recoupment of Benefits) Regulations 1996 to provide employee information to the Department for Work and Pensions. The tribunal also reminds the first respondent of the effect of regulation 7 of those regulations, namely that the protective award is stayed until the Department serves a recoupment notice or indicates that no such notice is to be served. By regulation 8, the first respondent will be under a duty to make payments to the Department of the amounts set out in the recoupment notice. The first respondent should consult the regulations themselves for their full meaning.