Mr L Swiatek and others v Oxis Energy Ltd (in administration) and Secretary of State for Business, Energy and Industrial Strategy: 3314748/2021 to 3314768/2021

EMPLOYMENT TRIBUNALS
Case No 3314748/2021, 3314768/2021
Between
Mr L Swiatek and othersClaimantOxis Energy Ltd (in administration) and Secretary of State for Business, Energy and Industrial StrategyRespondent
Date 1 June 2022

JUDGMENT

BY CONSENT UPON reading the joint application submitted by the individuals listed in the Schedule to this Judgment (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 for protective awards presented by the Claimants proceed against the First Respondent, and the lifting of the moratorium in relation to those claims, is granted by the administrators of the First Respondent. This is subject to the conditions agreed by the Claimants’ representatives on 11 February 2022. Protective Award[2]The Claimants were employed by the First Respondent.[3]Beginning on the 4th May 2021, the Claimants were dismissed by the First Respondent by reason of redundancy.[4]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.[5]The First Respondent is ordered to pay remuneration to the Claimants named in the attached schedule for a protected period of 60 days beginning on 4th May 2021 (being the date on which the first of the dismissals to which the complaint relates took effect). Page 1 of 3[6]All further proceedings of the Claimants be withdrawn.[7]The Employment Protection (recoupment of benefits) Regulations 1996 apply to this award. Preferential debts[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. Costs[9]There shall be no order as to costs or interest and each party shall bear their own costs in these proceedings.