Mr P Adshead and Others v API Laminates Ltd (in Administration) and Others: 2405280/2020 and Others
JUDGMENT
AND ENTERED ON THE REGISTER Multiple Schedule Case Number Case Name 2405280/2020 Mr Peter Adshead -v- API Laminates Limited (In Administration) & Others 2405281/2020 Mr Neil Booth -v- API Laminates Limited (In Administration) & Others 2405282/2020 Mr Stephen Briers -v- API Laminates Limited (In Administration) & Others 2405283/2020 Mr David Brooks -v- API Laminates Limited (In Administration) & Others 2405284/2020 Mr John Flynn -v- API Laminates Limited (In Administration) & Others 2405285/2020 Mr John Hinchcliffe -v- API Laminates Limited (In Administration) & Others 2405286/2020 Ms Karen Grey -v- API Laminates Limited (In Administration) & Others 2405287/2020 Mr David Hinchcliffe -v- API Laminates Limited (In Administration) & Others 2405288/2020 Mr Lyndon Johnson -v- API Laminates Limited (In Administration) & Others 2405289/2020 Ms Stephanie Knowles -v- API Laminates Limited (In Administration) & Others 2405290/2020 Mr Richard Sarre -v- API Laminates Limited (In Administration) & Others 2405291/2020 Mr David Whalley -v- API Laminates Limited (In Administration) & Others 2405292/2020 Ms Karolina Vizdalova -v- API Laminates Limited (In Administration) & Others 2405293/2020 Mr Mark Beresford -v- API Laminates Limited (In Administration) & Others 2405294/2020 Mr Frederick Ditchfield -v- API Laminates Limited (In Administration) & Others 2405295/2020 Mr Chris Ewing -v- API Laminates Limited (In Administration) & Others 2405296/2020 Mr Brendan Glynn -v- API Laminates Limited (In Administration) & Others 2405297/2020 Mr Spencer Griffiths -v- API Laminates Limited (In Administration) & Others 2405298/2020 Mr Carl Lowndes -v- API Laminates Limited (In Administration) & Others 2405299/2020 Mr Kyle Magee -v- API Laminates Limited (In Administration) & Others 2405300/2020 Mr David George Mason -v- API Laminates Limited (In Administration) & Others 2405301/2020 Mr Gilbert Miller -v- API Laminates Limited (In Administration) & Others 2405302/2020 Mr Philip Patterson -v- API Laminates Limited (In Administration) & Others 2405303/2020 Mr Paul Powell -v- API Laminates Limited (In Administration) & Others 2405304/2020 Mr Gregory Rankin -v- API Laminates Limited (In Administration) & Others 2405305/2020 Mr Stephen Reade -v- API Laminates Limited (In Administration) & Others 2405306/2020 Mr Stephen Robb -v- API Laminates Limited (In Administration) & Others 2405307/2020 Mr Glynn Robinson -v- API Laminates Limited (In Administration) & Others 2405308/2020 Mr Alan Rowley -v- API Laminates Limited (In Administration) & Others 2405309/2020 Mr Neil Sinnamon -v- API Laminates Limited (In Administration) & Others 2405310/2020 Mr Wayne Smith -v- API Laminates Limited (In Administration) & Others 2405311/2020 Mr Scott Southern -v- API Laminates Limited (In Administration) & Others 2405312/2020 Mr Ian Stevenson -v- API Laminates Limited (In Administration) & Others 2405313/2020 Mr Bryan Turner -v- API Laminates Limited (In Administration) & Others 2405314/2020 Mr Chris Welbourne -v- API Laminates Limited (In Administration) & Others 2405315/2020 Mr Paul Wolstencroft -v- API Laminates Limited (In Administration) & Others 2405316/2020 Mr Kostantinos Jim Kiriakopoulos -v- API Laminates Limited (In Administration) & Others 2405317/2020 Mr John Potter -v- API Laminates Limited (In Administration) & Others 2405318/2020 Mr Anton Ashworth -v- API Laminates Limited (In Administration) & Others 2405319/2020 Ms Clare Drinkwater -v- API Laminates Limited (In Administration) & Others 2405320/2020 Ms Tracy Walker -v- API Laminates Limited (In Administration) & Others 2405321/2020 Mr Gary Evans -v- API Laminates Limited (In Administration) & Others Multiple Schedule Case Number Case Name 2405322/2020 Ms Clare Garside -v- API Laminates Limited (In Administration) & Others 2405323/2020 Mr David Williamson -v- API Laminates Limited (In Administration) & Others Claimants: Mr P Adshead & Others Respondents: API Laminates Limited (In Administration) & Others 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 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 (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.