Mr D Swinton and others v Pinewood Repro Ltd (In Administration): 2417929/2018 and others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claims for a protective award succeed. The Tribunal makes a protective award in respect of each individual claimant on the attached schedule requiring the respondent to pay remuneration for the protected period of 90 days beginning on 5 December 2018. The recoupment regulations apply.[3]All claims for notice pay, unlawful deductions from pay and seeking a redundancy payment remain stayed. Claimants with such claims are free to withdraw them.[4]The hearing listed on 1 July 2019 is cancelled. _____________________________ Employment Judge Franey 5 June 2019[1]This guidance note should be read in conjunction with the booklet, ‘The Judgment’ which can be found on our website at www.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide-t426 If you do not have access to the internet, paper copies can be obtained by telephoning the tribunal office dealing with the claim.[2]The Employment Tribunals (Interest) Order 1990 provides for interest to be paid on employment tribunal awards (excluding sums representing costs or expenses) if they remain wholly or partly unpaid more than 14 days after the date on which the Tribunal’s judgment is recorded as having been sent to the parties, which is known as “the relevant decision day”.[3]The date from which interest starts to accrue is the day immediately following the relevant decision day and is called “the calculation day”. The dates of both the relevant decision day and the calculation day that apply in your case are recorded on the Notice attached to the judgment. If you have received a judgment and subsequently request reasons (see ‘The Judgment’ booklet) the date of the relevant judgment day will remain unchanged.[4]“Interest” means simple interest accruing from day to day on such part of the sum of money awarded by the tribunal for the time being remaining unpaid. Interest does not accrue on deductions such as Tax and/or National Insurance Contributions that are to be paid to the appropriate authorities. Neither does interest accrue on any sums which the Secretary of State has claimed in a recoupment notice (see ‘The Judgment’ booklet).[5]Where the sum awarded is varied upon a review of the judgment by the Employment Tribunal or upon appeal to the Employment Appeal Tribunal or a higher appellate court, then interest will accrue in the same way (from "the calculation day"), but on the award as varied by the higher court and not on the sum originally awarded by the Tribunal.[6]‘The Judgment’ booklet explains how employment tribunal awards are enforced. The interest element of an award is enforced in the same way. Case Nos: 2417929/2018 and others (see schedule attached) Claimant: Mr D Swinton and others (see schedule attached) Respondent: Pinewood Repro Ltd (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. 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 Case Nos: 2417929/2018 and others (see schedule attached) (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. Case No. 2417929/2018 and others (see schedule attached) 1 EMPLOYMENT TRIBUNALS Claimants: Mr D Swinton and others (see schedule attached Respondent: Pinewood Repro Limited (In Administration) CERTIFICATE OF CORRECTION Employment Tribunal Rules of Procedure 2013 Under the provisions of Rule 69, the judgment sent to the parties on 19 June 2019 is corrected so that the protected period begins on 4 December 2018, the date the first of the dismissals took effect, rather than the following day, in order to comply with section 189(4)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992. _____________________________ Employment Judge Franey 12 August 2019 SENT TO THE PARTIES ON 14 August 2019 FOR THE TRIBUNAL OFFICE Important Note to the Parties Any dates for the filing of appeals or reviews are not changed by this certificate of correction and the corrected judgment. These time limits still run from the date of the original judgment when appealing. Case No. 2417929/2018 and others (see schedule attached) 2 Schedule - Pinewood Repro Limited (In Administration) Case Number Claimant Name 2417929/2018 Mr D Swinton 2401439/2019 Mr P Lomas 2401440/2019 Mr A Dickens 2401441/2019 Miss S Pearson 2401442/2019 Mr P Bent 2401443/2019 Mr A Orchard 2401497/2019 Mr S Lewis 2401515/2019 Miss F Keogh 2401518/2019 Mrs K Mitten 2401521/2019 Mr A Neziri 2401534/2019 Mr C Woodall 2401596/2019 Mr P Lineham 2401602/2019 Mr W Garner 2401720/2019 Mr J Kirton 2402013/2019 Ms N Dowe 2402014/2019 Mr M Durante 2402015/2019 Mr A Hand 2402016/2019 Mr M Smith 2402017/2019 Mrs S Smith 2402018/2019 Mr S Williams 2402071/2019 Mr A Carney Case No. 2417929/2018 and others (see schedule attached) 3 EMPLOYMENT TRIBUNALS Claimants: Mr D Swinton and others (see schedule attached) Respondent: Pinewood Repro Limited (In Administration) CORRECTED JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claims for a protective award succeed. The Tribunal makes a protective award in respect of each individual claimant on the attached schedule requiring the respondent to pay remuneration for the protected period of 90 days beginning on 4 December 2018. The recoupment regulations apply.[3]All claims for notice pay, unlawful deductions from pay and seeking a redundancy payment remain stayed. Claimants with such claims are free to withdraw them.[4]The hearing listed on 1 July 2019 is cancelled. _____________________________ Employment Judge Franey 12 August 2019 CORRECTED JUDGMENT SENT TO THE PARTIES ON 14 August 2019 AND ENTERED IN THE REGISTER FOR THE TRIBUNAL OFFICE Case No. 2417929/2018 and others (see schedule attached) 4 Schedule - Pinewood Repro Limited (In Administration) Case Number Claimant Name 2417929/2018 Mr D Swinton 2401439/2019 Mr P Lomas 2401440/2019 Mr A Dickens 2401441/2019 Miss S Pearson 2401442/2019 Mr P Bent 2401443/2019 Mr A Orchard 2401497/2019 Mr S Lewis 2401515/2019 Miss F Keogh 2401518/2019 Mrs K Mitten 2401521/2019 Mr A Neziri 2401534/2019 Mr C Woodall 2401596/2019 Mr P Lineham 2401602/2019 Mr W Garner 2401720/2019 Mr J Kirton 2402013/2019 Ms N Dowe 2402014/2019 Mr M Durante 2402015/2019 Mr A Hand 2402016/2019 Mr M Smith 2402017/2019 Mrs S Smith 2402018/2019 Mr S Williams 2402071/2019 Mr A Carney Case No. 2417929/2018 and others (see schedule attached) 1 EMPLOYMENT TRIBUNALS Claimants: Mr D Swinton and others (see schedule attached Respondent: Pinewood Repro Limited (In Administration) CERTIFICATE OF CORRECTION Employment Tribunal Rules of Procedure 2013 Under the provisions of Rule 69, the judgment sent to the parties on 19 June 2019 is corrected so that the protected period begins on 4 December 2018, the date the first of the dismissals took effect, rather than the following day, in order to comply with section 189(4)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992. _____________________________ Employment Judge Franey 12 August 2019 SENT TO THE PARTIES ON 14 August 2019 FOR THE TRIBUNAL OFFICE Important Note to the Parties Any dates for the filing of appeals or reviews are not changed by this certificate of correction and the corrected judgment. These time limits still run from the date of the original judgment when appealing. Case No. 2417929/2018 and others (see schedule attached) 2 Schedule - Pinewood Repro Limited (In Administration) Case Number Claimant Name 2417929/2018 Mr D Swinton 2401439/2019 Mr P Lomas 2401440/2019 Mr A Dickens 2401441/2019 Miss S Pearson 2401442/2019 Mr P Bent 2401443/2019 Mr A Orchard 2401497/2019 Mr S Lewis 2401515/2019 Miss F Keogh 2401518/2019 Mrs K Mitten 2401521/2019 Mr A Neziri 2401534/2019 Mr C Woodall 2401596/2019 Mr P Lineham 2401602/2019 Mr W Garner 2401720/2019 Mr J Kirton 2402013/2019 Ms N Dowe 2402014/2019 Mr M Durante 2402015/2019 Mr A Hand 2402016/2019 Mr M Smith 2402017/2019 Mrs S Smith 2402018/2019 Mr S Williams 2402071/2019 Mr A Carney Case No. 2417929/2018 and others (see schedule attached) 3 EMPLOYMENT TRIBUNALS Claimants: Mr D Swinton and others (see schedule attached) Respondent: Pinewood Repro Limited (In Administration) CORRECTED JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claims for a protective award succeed. The Tribunal makes a protective award in respect of each individual claimant on the attached schedule requiring the respondent to pay remuneration for the protected period of 90 days beginning on 4 December 2018. The recoupment regulations apply.[3]All claims for notice pay, unlawful deductions from pay and seeking a redundancy payment remain stayed. Claimants with such claims are free to withdraw them. The hearing listed on 1 July 2019 is cancelled.