Mr K Lake and others (see schedule) v Shearings Ltd (in administration) and others (see schedule) and Secretary of State for Business Energy and Industrial Strategy: 2406144/2020 and others
JUDGMENT
25 January 2022 ........................................................................ ........................................................................ Schedule Case Number Claimant Name 1404325/2020 Mr Daniel Kevern Shearings Hotels Ltd (in administration) 1804876/2020 Miss Michelle Metcalfe Shearings Ltd (in administration) 1806394/2020 Miss Claire Greaves National Holidays Ltd (in administration) 1806396/2020 Mr Jamie Lawrence National Holidays Ltd (in administration) 1806397/2020 Mr Andrew Nicholls National Holidays Ltd (in administration) 1806610/2020 Miss Maria Cabrera National Holidays Ltd (in administration) 1806611/2020 Miss Claire Greaves National Holidays Ltd (in administration) 1806612/2020 Mr Jamie Lawrence National Holidays Ltd (in administration) 2406144/2020 Mr Kenneth Lake Shearings Ltd (in administration) 2406238/2020 Mr Paul Wallis Shearings Ltd (in administration) 2406269/2020 Mr Kenneth Lockwood Shearings Ltd (in administration) 2406291/2020 Mr Kevin Barry Lowis Shearings Ltd (in administration) 2406330/2020 Mr Edward Jason Sheffield Shearings Ltd (in administration) 2406349/2020 Mr Tim Hulme Shearings Hotels Ltd (in administration) 2408066/2020 Mr Christopher Ashworth Shearings Ltd (in administration) 2408105/2020 Miss Angela Webb Shearings Ltd (in administration) 2408463/2020 Mr Kevin Aldcroft Shearings Ltd (in administration) 2408481/2020 Mr Martin Lake Shearings Ltd (in administration) 2408562/2020 Mrs Joanne Stonehouse Shearings Holidays Ltd (in administration) 2408591/2020 Mrs Sharon Heywood Shearings Ltd (in administration) 2408819/2020 Ms Louise Moss Shearings Ltd (in administration) 2408923/2020 Mr Adrian van Hecke Shearings Ltd (in administration) 2408937/2020 Mrs Nicola Knowles Shearings Ltd (in administration) 2408959/2020 Mr Sean Stonehouse Shearings Holidays Ltd (in administration) 2409125/2020 Mr Andrew Jones Shearings Holidays Ltd (in administration) 2409614/2020 Mr Karl Ratcliffe Shearings Ltd (in administration) 2415694/2020 Mr David McDonald Shearings Holidays Ltd (in administration) 2415884/2020 Mrs Amanda Cunliffe Shearings Ltd (in administration) 2415897/2020 Mr Mark Williams Shearings Ltd (in administration) 2415957/2020 Mr Christopher Andrew Martin Shearings Ltd (in administration) 2415964/2020 Mrs Natalie Collins Shearings Holidays Ltd (in administration) Claimants: Mr K Lake & others Respondents: 1. Shearings Limited (in administration) & others[2]Secretary of State for Business, Energy & Industrial Strategy 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.