Mr J Malam v Freight First Ltd (In Creditors Voluntary Liquidation): 2411949/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent failed to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 and is ordered to pay a protective award in respect of the claimant for the period of 90 days beginning on 29 March 2018.[2]The respondent is reminded of its obligations under regulation 6 of the Employment Protection (Recoupment of Benefits) Regulations 1996 to provide employee information to the Department for Work and Pensions. The tribunal also reminds the respondent of the effect of regulation 7 of those regulations, namely that the protective award is stayed until the Department serves a recoupment notice or indicates that no such notice is to be served. By regulation 8, the respondent will be under a duty to make payments to the Department of the amounts set out in the recoupment notice. The respondent should consult the regulations themselves for their full meaning.