Mr J Manning and others v R1) Clugston Construction Limited (in Administration) R2) Clugston Services Limited (in Administration) R3) The Secretary of State for Business, Energy and Industrial Strategy — 2021

The hearing took place remotely by CVP video on 30 March 2021 before Employment Judge Shepherd. The first, second and third respondents did not appear. The tribunal dealt with the claimants' complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992, namely that the first and second respondents had failed to comply with the requirements of section 188 of that Act.

The tribunal held that complaint to be well-founded. It ordered the first and second respondents, by way of protective award under section 189(3), to pay the claimants named in the attached schedule remuneration for a period of 90 days beginning on 6 December 2019. The judgment also states that the Employment Protection (Recruitment of Benefits) Regulations 1996 apply, with their effect set out in the annex to the judgment.