Case 2500120/2023 · Employment Tribunal

Mr B Schofield v Mold Systems EU Limited “In Administration” — 2023

Case reference: 2500120/2023
Decision date: 29 November 2023
Jurisdiction: England & Wales
Judge: Employment Judge Arullendran Representation
Venue: Newcastle CFCTC

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr B Schofield

Respondent

Mold Systems EU Limited “In Administration”

Key findings

Tribunal's reasoning

At the hearing on 29 November 2023 at Newcastle CFCTC by CVP, the claimant appeared in person, the respondent did not attend, and the Secretary of State for Business and Trade did not attend. The tribunal recorded that the unfair dismissal claim was dismissed upon withdrawal.

The tribunal also found that the respondent had failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and held that complaint to be well founded. It ordered a protective award under section 189(3) of the 1992 Act in favour of the claimant for a protected period of 90 days beginning on 29 November 2023.

The judgment stated that the Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1986 applied to the award. It also advised the respondent of the requirements of regulation 6 of the 1996 recoupment regulations, including the duty to provide the Secretary of State with the claimant's name, address, national insurance number, and date of termination within 10 days or as soon as reasonably practicable, and said no payment under the protective award was required until a recoupment notice or notification was received. The judgment did not state a quantified monetary figure for the award, describing it instead as remuneration for the protected period.

Claims and outcomes

2 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The tribunal recorded that the unfair dismissal claim was dismissed upon withdrawal.	Withdrawn	—	—
Other	The tribunal found the complaint under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 well founded and ordered a protective award under section 189(3) for a protected period of 90 days beginning on 29 November 2023. The judgment expressed the award as remuneration for that protected period and did not state a lump sum figure.	Upheld	—	—

Legal tests applied

4 references

Official outcome judgment PDF

Gov.uk primary record

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Open official judgment PDF on gov.uk

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