Case 2501389/2020 · Employment Tribunal
Mr Robert Rogers [First claimant] Mr Colin David Mordue [Second claimant] v Pipetawse Limited (in administration) Heard: Remotely (by video link) — 2021
- Case reference
- 2501389/2020
- Decision date
- 27 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Shore Appearances
Parties
2 namedClaimant
Mr Robert Rogers [First claimant] Mr Colin David Mordue [Second claimant]
Key findings
Tribunal's reasoningThe Tribunal held that Robert Rogers' complaint under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 was well-founded and made a protective award under section 189(3). The protected period was 90 days beginning on 6 April 2020 and ending on 5 July 2020. The judgment also records that the Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1996 applied to the award.
The Tribunal upheld Rogers' breach of contract claims for underpayment of notice pay and underpayment of redundancy pay. It ordered payment of £168.56 gross for notice pay and £1,974.60 for the redundancy pay shortfall, the latter being the difference between his contractual entitlement calculated by reference to his usual gross weekly pay and the amount calculated and paid by the Insolvency Service using the £538 weekly cap.
Rogers' unfair dismissal claim and his unauthorised deduction of wages claim concerning notice pay were dismissed upon withdrawal. The second claimant, Colin David Mordue, did not attend the hearing and had filed no witness statement, so all of his claims were dismissed.
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Complaint under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 was well-founded; the Tribunal made a 90-day protective award beginning on 6 April 2020 and ending on 5 July 2020. The extracted text does not state a cash amount for the award. | Upheld | — | — |
| Breach of contract | Underpayment of notice pay succeeded; the respondent was ordered to pay £168.56 gross before deduction of tax and National Insurance. | Upheld | — | £169 |
| Breach of contract | Underpayment of redundancy pay succeeded; the respondent was ordered to pay £1,974.60, being the difference between the claimant's contractual entitlement and the amount calculated by the Insolvency Service using the £538 weekly cap. | Upheld | — | £1,975 |
| Unfair dismissal | The Tribunal records that this claim was dismissed upon withdrawal. | Withdrawn | — | — |
| Unlawful deduction from wages | The claim relating to failure to pay notice pay was dismissed upon withdrawal. | Withdrawn | — | — |
| Other |
Legal tests applied
4 references- s.188 TULRCA 1992
- s.188A TULRCA 1992
- s.189(3) TULRCA 1992
- Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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