Mr R Rogers and Mr C D Mordue v Pipetawse Ltd (in administration): 2501389/2020 and 2501390/2020
JUDGMENT
[1]The judgment of the Tribunal is that the first claimant, Robert Rogers’ complaint that the respondent failed to comply with a requirement of section 188 or section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 is wellfounded. The Tribunal orders the respondent, by way of protective award under section 189(3) of the 1992 Act, to pay Robert Rogers, who was dismissed for redundancy on 6 April 2020, remuneration for the period of 90 days beginning on 6 April 2020.[2]The protected period is from 6th April 2020 to 5th July 2020.[3]The Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1996 applies. 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.[4]The first claimant, Robert Rogers’ claim for breach of contract (underpayment of notice pay) is well-founded and succeeds. The respondent will pay Robert Rogers the sum of £168.56 gross (before deduction of tax and National Insurance).[5]The first claimant, Robert Rogers’ claim for breach of contract for underpayment of redundancy pay, being the difference between his contractual entitlement calculated at his usual gross weekly pay and the amount calculated and paid by the Insolvency Service capped at £538 per week, is well-founded and succeeds. The respondent will pay Robert Rogers the sum of £1,974.60.[6]The first claimant, Robert Rogers’ claims of unfair dismissal and unauthorised deduction of wages (failure to pay holiday pay) are dismissed upon withdrawal.[7]The second claimant, Colin David Mordue, failed to appear at this hearing to give evidence and had filed no witness statement, so all his claims are dismissed. Note: This has been a remote hearing. The parties did not object to the case being heard remotely. It was not practicable to hold a face to face hearing because of the Covid19 pandemic.