Mr G Johnson and others v Singleton’s Dairy Ltd (in Administration) and The Secretary of State for BEIS: 2409434/2022 and others
JUDGMENT
20th February 2023 SCHEDULE Schedule of Singleton's Dairy Limited (In Administration) 2409434/2022 Mr Gary Johnson 2409435/2022 Mr jak blanthorn 2409436/2022 Mr dominic rabbits 2409437/2022 Mr shannon pittman 2409438/2022 Mr john pickard 2409439/2022 Mr daniel nicholls 2409440/2022 Ms jacqui deverson 2409441/2022 Mr graham taylor 2409442/2022 Ms emily jenkinson/davidson 2409443/2022 Mr martin lambert 2409444/2022 Mr joseph taylor 2409445/2022 Ms susan hodgkinson 2409446/2022 Mr mark costall 2409447/2022 Mr darren slater 2409448/2022 Ms tatjana mansfield 2409449/2022 Mr nikolay atanasov 2409450/2022 Mr lewis collins 2409451/2022 Mr craig worthington 2409452/2022 Ms julia polakova 2409453/2022 Mr richard france 2409454/2022 Mr michael whiteside 2409455/2022 Mr sahal dadhiwala 2409456/2022 Mr stefan donoghue 2409457/2022 Mr peter mcadam 2409458/2022 Mr turney logan 2409459/2022 Mr sebastian lath 2409460/2022 Mr mohammed aqeel baig 2409461/2022 Mr craig clifford 2409462/2022 Mr alex baxter 2409463/2022 Mr david pugh 2409464/2022 Mr alastair kippax 2409465/2022 Mr shaun austen 2409466/2022 Mr david bowling 2409467/2022 Ms charlotte dewhurst 2409468/2022 Mr damien harrington 2409469/2022 Mr ayub kasamri 2409470/2022 Mr marcin pacak 2409471/2022 Mr brendan gornall 2409472/2022 Mr malcolm hutchinson 2409473/2022 Mr neil patel 2409474/2022 Ms helen bradford 2409475/2022 Ms julia watson 2409476/2022 Mr simon wooler Case Numbers: 2409434/2022 & others (see attached schedule) Claimants: Mr G Johnson & others (see attached schedule) Respondent: 1. Singleton's Dairy Limited (In Administration)[2]The Secretary of State for Business, Energy and 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, incomerelated 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. Schedule of Singleton's Dairy Limited (In Administration) 2409434/2022 Mr Gary Johnson 2409435/2022 Mr jak blanthorn 2409436/2022 Mr dominic rabbits 2409437/2022 Mr shannon pittman 2409438/2022 Mr john pickard 2409439/2022 Mr daniel nicholls 2409440/2022 Ms jacqui deverson 2409441/2022 Mr graham taylor 2409442/2022 Ms emily jenkinson/davidson 2409443/2022 Mr martin lambert 2409444/2022 Mr joseph taylor 2409445/2022 Ms susan hodgkinson 2409446/2022 Mr mark costall 2409447/2022 Mr darren slater 2409448/2022 Ms tatjana mansfield 2409449/2022 Mr nikolay atanasov 2409450/2022 Mr lewis collins 2409451/2022 Mr craig worthington 2409452/2022 Ms julia polakova 2409453/2022 Mr richard france 2409454/2022 Mr michael whiteside 2409455/2022 Mr sahal dadhiwala 2409456/2022 Mr stefan donoghue 2409457/2022 Mr peter mcadam 2409458/2022 Mr turney logan 2409459/2022 Mr sebastian lath 2409460/2022 Mr mohammed aqeel baig 2409461/2022 Mr craig clifford 2409462/2022 Mr alex baxter 2409463/2022 Mr david pugh 2409464/2022 Mr alastair kippax 2409465/2022 Mr shaun austen 2409466/2022 Mr david bowling 2409467/2022 Ms charlotte dewhurst 2409468/2022 Mr damien harrington 2409469/2022 Mr ayub kasamri 2409470/2022 Mr marcin pacak 2409471/2022 Mr brendan gornall 2409472/2022 Mr malcolm hutchinson 2409473/2022 Mr neil patel 2409474/2022 Ms helen bradford 2409475/2022 Ms julia watson 2409476/2022 Mr simon wooler