Ms Tanya Butler-Henderson (First Claimant) Ms Dianne Lawton (Second Claimant) Ms Tracey Maughan (Third Claimant) Ms Kellie Vale (Fourth Claimant) v Shepherd Cox Hotels (Hartlepool) Limited (in liquidation) and 2 others — 2022

Employment Judge Shore dealt with the claimants' applications on 12 April 2022. The hearing followed Employment Judge Johnson's judgment of 25 June 2021, which had found that the first respondent failed to comply with section 188 or section 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 and that the claims covered by that judgment were well-founded. The later proceedings were brought because the first respondent was in liquidation and the claimants said the protective awards had not been paid and/or that the second respondent had not paid the correct amount under its obligation to pay 8 weeks' pay.

For Ms Butler-Henderson, the tribunal found average weekly pay of £220.00 and calculated a protective award of 12.86 weeks' pay, £2,829.20. For Ms Lawton, it found average weekly pay of £324.74 and calculated a protective award of £4,176.16. The judgment recorded that the first respondent had failed wholly and the second respondent partly to comply with the protective award; it also recorded the second respondent's capped liability at 8 weeks' pay, £1,760.00 and £2,597.92 respectively, and that sums had already been paid so a balance remained outstanding.

The claims of Ms Maughan and Ms Vale failed. The judgment also stated that the Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1996 apply, including the duties to provide information and the recoupment notice process.