Mr P Sibanda and Others v Utility Alliance Ltd (in administration): 2500845/2021and others

EMPLOYMENT TRIBUNALS

Case No 2500845/2021, 2500257/2021, 2500291/2021, 2500615/2021

Between

Mr P Sibanda and OthersClaimant

Utility Alliance Ltd (in administration)Respondent

Before

Employment Judge Sweeney

In person for claimant

Not represented for respondent

Date 22 December 2021

JUDGMENT

The claim by Mr Sibanda (case number 2500845/2021)

[1]It was not reasonably practicable for Mr Sibanda to have presented his complaint under section 189(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (‘the Act’) during the period of 3 months beginning with 12 February 2021, that being the date on which the last of the dismissals to which the complaint relates took effect. The date on which he presented his Claim, namely, 26 May 2021, was within such further period as I consider reasonable. All claims (case numbers 2500845/2021; 2500257/2021; 2500291/2021; 2500615/2021 & others)

[2]The complaint under section 189 the Trade Union and Labour Relations (Consolidation) Act 1992 that the Respondent failed to comply with section 188 and section 188A of that Act is well founded.

[3]The Respondent is ordered to pay remuneration calculated in accordance with section 190 of the Act for the protected period to those claimants in the Schedule attached to this judgment.

[4]The protected period is for a period of 90 days from 12 February 2021 to 13 May 2021.

[5]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply. Regulation 6 imposes on the Respondent a duty to provide information to the Secretary of State. Regulation 7 postpones this award in order to enable the Secretary of State to serve a recoupment notice under Regulation 8. The full effect of Regulations 6, 7 and 8 is set out in the Annexe to this Judgment.