Mrs Ann Curry and others v TSF Retail Solutions Ltd (in administration): 2501147/2018 and others
JUDGMENT
[1]The complaint advanced by each of the claimants that the respondent failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) is well founded. COMBINED PROCEEDINGS Case Numbers: 2501147/2018, 2501148/2018, 2501166/2018, 2501173/2018, 2501251/2018, 2501252/2018, 2501254/2018, 2501334/2018 and 2503279/2018 2[2]The respondent is ordered to pay remuneration calculated in accordance with section 190 of the 1992 Act to all the above-mentioned claimants for the protected period.[3]The protected period is for 90 days from 13 April 2018 namely until 12 July 2018.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply (as amended). Regulation 6 imposes on the respondent a duty to provide information to the Secretary of State. Regulation 7 postposes 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. Additional provisions applicable only to the named claimant Claim Number 2501173/2018: Mr John Atkinson[5]The claim for a declaration of unauthorised deduction from wages is dismissed on withdrawal by the claimant. Claim Number 2501252/2018: Mr Paul Kane[6]The claim for breach of contract in respect of contractual notice pay is stayed until 31 May 2019. Claim Number 2503279/2018: Mr Alan Robson[7]It was not reasonably practicable for this claimant to present his claim for a protective award during the period of three months beginning with the date on which he was dismissed and it was presented within such further period as is considered reasonable pursuant to section 189(5)(c) of the 1992 Act. Claim Number 2501148/2018: Mr Paul White[8]The claim for breach of contract in respect of contractual notice pay is stayed until 31 May 2019. Claim Number 2501166/2018: Mr Paul Jardine[9]The claim for breach of contract in respect of notice pay is stayed until 31 May 2019. NOTES[1]All the above claimants advanced individual claims for a protective award pursuant to section 189 of the 1992 Act and all claims succeed. This includes the claimants Paul White and Paul Jardine who did not attend the hearing as I am satisfied from reading their individual claim forms and from hearing evidence from the other claimants that such claims are well-founded. COMBINED PROCEEDINGS Case Numbers: 2501147/2018, 2501148/2018, 2501166/2018, 2501173/2018, 2501251/2018, 2501252/2018, 2501254/2018, 2501334/2018 and 2503279/2018 3[2]The administrators of the respondent had given leave for the claimants to pursue their respective claims for protective awards but the consent did not extend to any other claim advanced.[3]The claimants Paul Kane, Paul Robson and Paul Jardine advance claims for breach of contract in respect of contractual notice pay. These claims are stayed to enable those claimants to consider if they wish to seek consent from the administrators to proceed with those claims before this Tribunal.