Miss J Fenwick and others v Vale of Mowbray Ltd (in Administration) and Secretary of State for Business and Trade: 2501674/2022 and others
| Jurisdiction | England & Wales |
| Judgment Date | 13 March 2024 |
| Date | 13 March 2024 |
| Citation | 2501674/2022 and others |
| Court | Employment Tribunal |
| Published date | 27 March 2024 |
| Subject Matter | Protective Award |
Case No: 2501674/2022 & Others- (see schedule)
4.17 Rule 21 judgment – universal template. September 2017
EMPLOYMENT TRIBUNALS
Claimants:
Miss J Fenwick & others (see schedule)
Respondent:
Vale of Mowbray Limited (in administration)
Rule 96 party:
Secretary of State for Business and Trade
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21
1. The claimants’ claims that the respondent failed to comply with the requirements of section 188
of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of their
dismissals are well founded.
1992 Act, to pay to each of the claimants a payment equivalent to remuneration for the period
of 90 days beginning on 28 September 2022.
Recoupment
3. The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support)
Regulations 1996 apply to these awards. In each case the protected period is the period of 90
days beginning on 28 September 2022.
Reasons
Trade Union and Labour Relations (Consolidation) Act 1992 on the ground that the respondent
failed to comply with a requirement of section 188 in respect of his or her dismissal. The
respondent company’s administrators have given consent for the claims to continue.
2. The respondent has not presented a response to the claims.
3. I have decided that a determination can properly be made of the claimants’ complaints on the
available material.
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