Mr R Stocks and others v Sellers Containers Ltd (In Administration) and The Secretary of State for Business, Energy and Industrial Strategy: 2414370/2019 and others
[2]The Secretary of State for Business, Energy and Industrial Strategy JUDGMENT[1]The judgment of the Tribunal is that the claimants’ complaint presented under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the first respondent to comply with the requirements of section 188 of the 1992 Act is well-founded.[2]The Tribunal orders the first respondent by way of a protective award under section 189(3) of the 1992 Act to pay to the claimants listed on the attached schedule who were dismissed by reason of redundancy on or after 22 July 2019 a payment equivalent to remuneration for the period of 90 days beginning on 22 July 2019.[3]The Recoupment Regulations apply. _____________________________ Employment Judge Batten 5 November 2021 JUDGMENT SENT TO THE PARTIES ON 5 November 2021 FOR THE TRIBUNAL OFFICE Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case. Case Nos: 2414370/2019 & Others (listed on the attached schedule) Case Number Claimant Name 2413663/2019 Mr David Jones 2414370/2019 Mr Ricky Stocks 2414371/2019 Mr Adam Brooks 2414372/2019 Mr Kirk Carter 2414373/2019 Mr Yvan Davies 2414374/2019 Mr Anthony Diagostina 2414375/2019 Mr Miguel Dominguez Galera 2414376/2019 Mr Philip Jones 2414377/2019 Mr Robert Kirton 2414378/2019 Mr Derek Lee 2414379/2019 Mr Michael Marsden 2414380/2019 Mr James McCarey 2414381/2019 Mr Mark Ostell 2414382/2019 Mr Sean Power 2414383/2019 Mr Christopher Shaw 2414384/2019 Mr Piotr Tercjak 2414385/2019 Mr Mike Ward 2414386/2019 Mr Rammond Yole 2414387/2019 Mr Joe Jervis Case Nos: 2414370/2019 & Others (listed on the attached schedule) Claimants: Mr R Stocks & Others Respondent: Sellers Containers Limited (In Administration) 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.