Mr R Pearson and others v Weblight Ltd (In Administration): 3300575/2019 and others
JUDGMENT
[1]The respondent failed to comply with S.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and is ordered to pay a protective award in respect of each claimant for the period of 30 days beginning on 4 December 2018.[2]The respondent is reminded of its obligations under Regulation 6 of the Employment Protection (Recoupment of Benefits) Regulations 1996 to provide employee information to the Department for Work and Pensions. The Tribunal also reminds the respondent of the effect of Regulation 7 of those Regulations which is that the protective award is stayed until the Department serves a recoupment notice or alternatively indicates that no such notice is to be served. By Regulation 8 the respondent will be under a duty to make payments to the Department in the amounts set out in the recoupment notice. The respondent should consult the Regulations for their full meanings.REASONS
[1]These claims were considered by me in July 2019 and case management orders made which included provisions for determination of lead cases, namely Mr A Hossack in case number 3312431/2019, Mr A van Tonder in case number 3310915/2019, Mr C Chan in case number 3300520/2019 and Mr R Pearson in case number 3300575/2019.[2]In a reserved judgment sent to the parties on 30 October 2019 following a hearing on the 9 October 2019 before Employment Judge Palmer judgment was given in respect of case number 3310915/2019 Mr A van Tonder and case number 3300520/2019 Mr C Chan which included protective awards from a period of 30 days beginning on the 4 December 2018. A judgment was made in favour of Mr Hossack for unfair dismissal and he was awarded a basic award and a compensatory award together with notice pay and also statutory rights. No judgment was made at that hearing in respect of Mr Pearson’s claim.[3]The Tribunal having determined that the appropriate period for the protective award was a period of 30 days and the above cases having been designated as lead cases in accordance with the provisions of Rule 36 it is appropriate to make a judgment in favour of the other named claimants on the attached schedule for a protective award in respect of each of the claimants for a period of 30 days beginning on 4 December 2018.