Mr J Barratt and others v Kershaw Mechanical Services Ltd (In Administration): 3308920/2022 and others

EMPLOYMENT TRIBUNALS
Case No 3308920/2022, 3308946/2022, 3308970/2022, 3308974/2022
Between
Mr J Barratt & OthersClaimant1. Kershaw Mechanical Services Limited (In Administration)Respondent
Date 7 March 2023

JUDGMENT

BY CONSENT UPON reading the joint application submitted by the Claimants whose details are set out in Schedule 1 (the Claimants) and the First Respondent. AND UPON the parties having agreed to the terms of the Judgment set out below by consent. The Judgment of the Employment Tribunal made under Rule 64 of Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013 is that:[1]Permission for the claims presented by the Claimants proceed against the First Respondent, and the lifting of the moratorium in relation to those claims, was granted by the administrators of the First Respondent on 4 October 2022. This is subject to the conditions agreed by the Claimant’s representative on 28 September 2022.[2]The Claimants were employed by the First Respondent.[3]In relation to the Claimants the claim for a protective award brought under section 189 of the Trade Union & Labour Relations (Consolidation) Act 1992 succeeds.[4]The First Respondent is ordered to pay remuneration to the Claimants for a protected period of 60 days beginning on 1 April 2022 (being the date on which the first of the dismissals to which the complaint relates took effect).[5]The Claimants have no other claims in the Employment Tribunal against the First Respondent.[6]This Judgment does not apply to the combined claim of Mr P Carey (case number 3309696/2022) for which consent has not been granted by the administrators of the First Respondent to lift the moratorium.[7]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to this award.[8]Subject to the normal categories of preferential debts set out in Schedule 6 of the Insolvency Act 1986, any payments made by the First Respondent (rather than the Secretary of State) pursuant to this Judgment will be paid as an unsecured dividend and the Claimants agree that they will not rank or be otherwise payable as an expense of the administration or any subsequent liquidation.[9]There shall be no order as to costs or interest and each party shall bear their own costs in these proceedings.