Mrs T McCarthy and Ms S Jones v LBS Worldwide Ltd (In Corporate Voluntary Arrangement): 2420558/2017 and 2423529/2017
JUDGMENT
[1]Mrs T McCarthy1.1 Mrs McCarthy was unfairly dismissed by the respondent and the respondent is ordered to pay her a compensatory award for loss of statutory rights in the sum of £336.00.1.2 Mrs McCarthy’s claim that the respondent failed to comply with the requirement under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is well-founded. The respondent is ordered to pay her a protective award of remuneration for the protected period of 90 days from 4 September 2017.1.3 No Basic Award for Unfair Dismissal, notice pay or holiday pay awards are made in the circumstances that Mrs McCarthy received payments of Redundancy Payment, notice pay and holiday pay from the National Insurance Fund.[2]Ms S Jones2.1 Ms Jones is entitled to a redundancy payment in the sum of £1615.39 representing 7 years’ service when aged over 22 years at the relevant date, at her weekly pay of £230.77.2.2 Ms Jones’ claim that the respondent failed to comply with the requirement under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is well-founded. The respondent is ordered to pay her a protective award of remuneration for the protected period of 90 days from 4 September 2017.2.3 Ms Jones’ ET1 claim form did not include a claim for Unfair Dismissal. Whilst other claims were made in the ET1 claim form, these were not pursued by her in her letter dated 20 September 2018.[3]Recoupment Regulations The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply to the award of loss of statutory rights for unfair dismissal in Mrs McCarthy’s case but do apply to the protective award in the case of each claimant.