Mr R Cabrera and others v AR Realisations 2016 Ltd (in administration) and ARG Realisations 2016 Ltd (in administration): 2403175/2016
JUDGMENT
AND ENTERED IN THE REGISTER Schedule of claimants Part 1 – claimants employed by AR Realisations 2016 Limited Case no. Name of claimant 2403178/2016 Miss S Bendelow 2403179/2016 Mrs C Blanc-Delecour 2403181/2016 Mr P Brockett 2403183/2016 Miss S Burrows 2403186/2016 Mrs R Catchpole 2403191/2016 Mr P Edmunds 2403195/2016 Mrs J Gibson 2403202/2016 Miss C Inns 2403204/2016 Ms L Kay 2403209/2016 Mr N Lund 2403222/2016 Mr D Nunns 2403223/2016 Mr J Pinkney 2403232/2016 Ms K Smith 2403239/2016 Mrs H Woodhouse 2403240/2016 Mrs T Young Part 2 – claimants employed by ARG Realisations Limited Case no. Name of claimant 2403175/2016 Mr R Cabrera 2403176/2016 Miss S Achour 2403177/2016 Miss J Acus 2403180/2016 Miss E Borgese 2403182/2016 Miss M Burns 2403184/2016 Mrs S Cain 2403185/2016 Mr D Callahan 2403187/2016 Mrs E Dale 2403188/2016 Miss L Doherty 2403189/2016 Mr K Dudhia 2403190/2016 Mr M Duffy 2403192/2016 Ms H Fathers 2403193/2016 Miss J Fenn 2403194/2016 Mr C Ford 2403196/2016 Miss R Giles 2403197/2016 Mr P Goodison 2403198/2016 Miss C Halliwell 2403199/2016 Mr R Hamilton 2403200/2016 Mr P Humphrey 2403201/2016 Miss A I'Anson 2403203/2016 Miss H Jones 2403205/2016 Mr M Kelenchy 2403206/2016 Miss A Latilo 2403207/2016 Mr G Lintott 2403208/2016 Miss L Lodhi 2403210/2016 Miss M Malin 2403211/2016 Miss L Mather 2403212/2016 Mr C Mathias 2403213/2016 Mr P McCluskey 2403214/2016 Mr C McColm 2403215/2016 Mrs T McWalter 2403216/2016 Mrs H Mears 2403217/2016 Miss C Mickleborough 2403218/2016 Mrs P Morgan 2403219/2016 Mrs R Murphy 2403220/2016 Mrs K Nash 2403221/2016 Mr S Nguyen 2403224/2016 Miss K Rashleigh 2403225/2016 Mr D Rebak 2403226/2016 Ms A Robertson 2403227/2016 Mr D Rose 2403228/2016 Miss A Rothwell 2403229/2016 Mr A Saeed 2403230/2016 Miss H Seymour 2403231/2016 Mrs L Small 2403233/2016 Miss L Solomons 2403234/2016 Mrs A Sutherland 2403235/2016 Mr P Taylor 2403236/2016 Mr R Tewson 2403237/2016 Mr T Welbourne 2403238/2016 Miss M White Claimants: Mr R Cabrera & Others (see schedule) Respondents: 1. AR Realisations 2016 Limited (In administration)[2]ARG Realisations 2016 Limited (In administration) ANNEX TO THE JUDGMENT (PROTECTIVE AWARDS) Recoupment of Jobseeker’s Allowance, income-related Employment and Support Allowance and Income Support The following particulars are given pursuant to the Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1996, SI 1996 No 2349, Regulation 5(2)(b), SI 2010 No 2429 Reg.5. 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: (i) the amount (less any tax or social security contributions which fall to be deducted the refrom 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 (ii) 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 protective period falling before the date described in (i) above. 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.