S Barrow v Testerworld Ltd (in administration) and Secretary of State for Business and Trade: 2501482/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant’s claims that the respondent failed to comply with the requirements of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of his or her dismissal is well founded.[2]The Tribunal orders the respondent, by way of protective award under section 189(3) of the 1992 Act, to pay to the claimant a payment equivalent to remuneration for the period of 90 days beginning on 30 June 2022. Recoupment[3]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to this award. The protected period is the period of 90 days beginning on 30 June 2022.REASONS
[1]The claimant has made a complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 on the ground that the respondent failed to comply with a requirement of section 188 in respect of his or her dismissal. The respondent company’s administrators have given consent for the claim to continue.[2]The respondent has not presented a response to the claim.[3]I have decided that a determination can properly be made of that complaint on the available material.[4]On the available material I am satisfied of the following.