S Mulrooney v Pure Business Group Ltd (In Administration) and Others: 2402046/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The Judgment of the Tribunal is that the claimants’ complaint under section 180 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the second respondent to comply with the requirements of section 188 of the Act is well founded. The Tribunal orders the second respondent, by way of a protective award, to pay the claimant and the other claimants listed on the attached schedule who were dismissed for redundancy on 2 November 2021, remuneration for the period of 90 days beginning 2 November 2021.[2]The Recoupment Regulations apply. Employment Judge Ross Date: 2 November 2022 PLL 1 Realisations Limited (In Administration)[4]Pure Technology Systems Limited (In Administration) 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. 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 Number: 2402046/2022 EMPLOYMENT TRIBUNALS Claimant: Ms Sophie Mulrooney Respondent: 1. Pure Business Group Limited (In Administration) 2. Pure Claims Support Services Limited (In Administration) 3. PLL 1 Realisations Limited (In Administration) 4. Pure Technology Systems Limited (In Administration) Judgment on Reconsideration[1]The application from the claimant’s representative dated 21 November 2022 to reconsider the judgement dated 2 November 2022 and sent to the parties on 11 November 2022 succeeds.[2]The further application of 9 January 2023 from the claimants’ representative to correct information incorrectly supplied is also treated as an application for reconsideration and succeeds.[3]Therefore the Judgment of the Tribunal is that the claimant’s complaint under section 180 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the first respondent to comply with the requirements of section 188 of the Act is well founded. The tribunal orders the first respondent by way of a protective award to pay the claimant who was dismissed for redundancy on or after second of November 2021, remuneration for the period of 90 days beginning on the date she was made redundant. The Recoupment Regulations apply.