Mr P Bingham v Green Supplier Ltd (in administration): 2501578/2021
JUDGMENT
[1]The judgment of the Tribunal is that the claimant, Paul Bingham’s, 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 Paul Bingham, who was dismissed for redundancy on 1 October 2021, remuneration for the period of 90 days beginning on 1 October 2021.[2]The protected period is from 1 October 2021 to 30 December 2021.[3]The Employment Protection (Recoupment of Jobseekers 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.[4]The claimant’s claim for breach of contract (failure to pay notice pay) is wellfounded and succeeds. The respondent will pay Paul Bingham the sum of £480.77 gross (before deduction of tax and National Insurance).[5]The claimant’s claim unauthorised deduction of wages is dismissed upon withdrawal. 1 of 2 August 2020 Case Numbers: 2501578/2021[6]The claimant’s claim of non-payment of holiday pay is well-founded and succeeds. The respondent shall pay the claimant the sum of £141.03 gross (before deduction of tax and National Insurance). 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.