Mr S Highton & Others First v C1 Realisations (2020) Ltd Second Respondent: Secretary of State for Business, Energy & Industrial Strategy — 2022

This was a multiple claim by four employees of the West Bridgford restaurant formerly operated by the First Respondent. The tribunal recorded that the employer went into administration on 30 March 2020, that the claimants were told on 20 April 2020 that the restaurant had closed and that they would be dismissed by reason of redundancy, and that formal termination letters followed on 21 April 2020 purporting to backdate dismissal to 17 April 2020.

The tribunal had already upheld protective award claims in a judgment dated 2 February 2022. A certificate of correction issued on 26 September 2022 confirmed that the dismissals took effect on 21 April 2020 and that the 80-day protected period therefore ran from 21 April 2020 to 10 July 2020. In this judgment, the issue was whether the Second Respondent, as the Secretary of State/RPS, had failed to pay remuneration due under that protective award pursuant to ss.182 and 184(2)(d) ERA.

The tribunal accepted Ms Walczak's evidence in full, found no factual dispute requiring resolution, and held that each of the four claimants was entitled to payment under the protective award subject to the statutory cap. It found that the Second Respondent had declined payment on the mistaken basis that the dismissal date was 17 April rather than 21 April 2020, and that the Respondent had continued to delay matters despite the correction.

The tribunal therefore held the s.188 complaints well founded and successful. It did not declare the precise amount due to each claimant, stating that the sums would be worked out and paid by the Secretary of State in short order and would be subject to the statutory 8-week cap. It also noted that the Employment Protection (Recoupment of Benefits) Regulations 1996 may apply.