Ms N Toner (solicitor) For the v Aspray Transport Ltd (in Administration) and The Secretary of State for Business, Energy and Industrial Strategy — 2021

This was a multiple claim by former employees of Aspray Transport Ltd (in administration) under section 192 of the Trade Union and Labour Relations (Consolidation) Act 1992 for unpaid protective award balances. The matter was heard by video on 17 February 2021, following an earlier consent judgment of 10 June 2020 that had been corrected on 18 July 2020. The tribunal had a revised schedule showing the balances owed after taking account of payments from the NI Fund, and there was no appearance by either respondent.

The second respondent, the Secretary of State for Business, Energy and Industrial Strategy, was dismissed upon withdrawal. As to the first respondent, the judge was satisfied that the claimants were employees and that the first respondent had not paid the protective award in full. The judge therefore held the section 192 complaints well founded and entered judgment for the sums shown in the revised schedule.

The reasons note that the revised schedule reduced the sums sought for Mr Davies, Mr Frain and Mr Swann, and that the outstanding balance for Mr Swann was £1,695.17. The order required the first respondent to pay the amounts identified in the schedule by reference to each claimant's row and the 'Balance Owed' column. No order as to costs was made, and the reasons do not state a single consolidated total for the whole schedule.