Ms J Adams and others v Cordell Group Ltd (in Administration) and The Secretary of State for Business, Energy and Industrial Strategy: 2500379/2017 and others
JUDGMENT
The complaints of unauthorised deduction of wages, holiday pay, failure to pay a redundancy payment and breach of contract are dismissed following a withdrawal by the claimant. The claimant’s remaining protective award claim is to proceed. Employment Judge Johnson 19 October 2017 JUDGMENT SENT TO THE PARTIES ON 19 October 2017 P Trewick FOR THE TRIBUNAL OFFICE Case Number: 2500379/2017 and see Annex 1 EMPLOYMENT TRIBUNALS Claimants:(1) Ms J Adams and Others (see Annex 1)(2) Mr J Bews and Others (see Annex 1)(3) Mr B Stainsby and Others (see Annex 1) Respondents: (1) Cordell Group Limited (in Administration) (2) The Secretary of State for Business, Energy and Industrial Strategy Heard at: Middlesbrough On: 30 and 31 October and 1 November 2017 Before: Employment Judge Nicol Members: Mr P Curtis Mr S Wykes Representation Claimants: (1) Ms N Toner, Solicitor (2) Ms R O’Mahony, Solicitor (3) Ms A Rumble, Pupil Respondent: (1) did not appear (2) did not appear JUDGMENT It is the unanimous judgment of the Tribunal, the joint administrator having agreed to the relevant parts of the complaints being allowed to proceed and having heard the claimants and having had regard to all documents previously submitted to the Tribunal and the Tribunal being satisfied that it was appropriate to proceed in the absence of the respondents, that[1]for the purposes of section 188 of the Trade Union and Labour Relations (Consolidation) Act, 1992, as amended, the first claimant did not recognise an independent trade union, at the relevant time there were not any appointed or elected representatives and the claimants are entitled to bring a claim for a protective award Case Number: 2500379/2017 and see Annex 1[2]for the purposes of section 188 of the Trade Union and Labour Relations (Consolidation) Act, 1992, as amended, the whole of the first respondent’s undertaking is a single establishment[3]the claimants are entitled to and the Tribunal makes a declaration that the complaint that the first respondent was required to but failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act, 1992, as amended, is well founded[4]the Tribunal finds that it is appropriate to make a protective award[5]the description of the employees of the first respondent having the benefit of the protective award is ‘all those employees of the first respondent who on 2 February, 2017, were employed by the first respondent and were subsequently dismissed by the first respondent’[6]the protected period began on 3 February, 2017, for a period of 90 days and[7]the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations, 1996, apply to this award, as to the effect of which see Annex 2[8]in respect of each of all other outstanding complaints made by these claimants, unless application is made to the Tribunal on or before 1 February, 2018, these complaints are dismissed on withdrawal by the claimants Employment Judge Nicol Date 7 November 2017[1]The following particulars are given pursuant to the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996, SI 1996 No 2349.[2]The respondent(s) is under a duty within 10 days commencing on the day on which the tribunal announced its decision at the hearing - in reserved decisions within the period of 10 days commencing on the day on which the Decision was sent to the parties -or in any case in which it was not reasonably practicable for the respondent to do so within that time, then as soon as reasonably practicable thereafter to give the Department of Employment the following information in writing.a. the name, address and National Insurance number of every employee to whom the award relates; andb. the date of termination (or proposed termination) of the employment of each such employee.[3]No part of the remuneration due to an employee under the award is payable until the Department of Employment serves a notice (called a recoupment notice) on the respondent(s) to pay the whole or part thereof to the Department or informs the respondent(s) in writing that no such notice is to be served 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 therefrom by the employer) accrued due to the employee in respect of so much of the protective period as fails before the date on which the Department receives from the respondent(s) the information referred to above, ORb. the amount paid as on account of unemployment or supplementary benefit or income support to the employee for any period which coincides with any part of the protective period failing before the date prescribed in (a). The sum claimed in the recoupment notice will be payable forthwith to the Department. The balance of the remuneration under the award is then payable to the employee subject to the deduction of any tax or social security contributions.[4]A recoupment notice must be served within the period of 21 days after the Department has received from the respondent(s) the above-mentioned information required to be given by the respondent(s) to the Department or as soon as practicable thereafter.[5]The respondent(s), after paying the balance of the remuneration (less tax and social security contributions) to the employee will not be further liable to him, but the sum claimed in a recoupment notice is due from the respondent(s) as a debt to the Department whatever may have been paid to the employee and regardless of any dispute between the employee and the Department as to the amount specified in the recoupment notice. Case No: 2500379/2017 & Others 10.15 Certificate of Correction – rule 69 March 2017 EMPLOYMENT TRIBUNALS Claimant:(1) Ms J Adams and Others(2) Mr J Bews and Others(3) Mr B Stainsby and Others Respondent: (1) Cordell Group Limited (in administration) (2) The Secretary of State for Business, Energy and Industrial Strategy CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the Judgment sent to the parties on 20 November 2017, is corrected by the removal of the following claimants from Annex 1: 2500416/2017 – Michael Ellis 2500461/2017 – Gerard Portland Employment Judge Nicol Date: 15 December 2017 Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing.