Mr L Payne and Mr D Payne v Welbeck House Ltd (in creditors voluntary liquidation) and The Secretary of State for Business, Energy & Industrial Strategy: 2601562/2022 and 2601563/2022
JUDGMENT
[1]The claims were presented out of time, and it was not reasonably practicable for them to be presented in time. The claims were presented in a reasonable period thereafter and, therefore, the Tribunal has jurisdiction to hear them.[2]The 1st Respondent failed to comply with the requirements of s.188-190 of the Trade Union & Labour Relations (Consolidation) Act 1992 in relation to the Claimants. Accordingly, their claims for a protective award succeed.[3]The 1st Respondent is ordered to pay remuneration to both Claimants for a protected period of 90 days beginning on 30 April 2020.[4]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to these awards.