Mr J Barratt & Others v Kershaw Mechanical Services Limited (In Administration) — 2022

This was a judgment by consent in multiple claims against Kershaw Mechanical Services Limited (In Administration). The tribunal recorded that the administrators had granted permission for the claims to proceed and to lift the moratorium on 4 October 2022, subject to conditions agreed by the claimants' representative on 28 September 2022. It found that the claimants were employed by the respondent and that the claim for a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 succeeded.

The tribunal ordered the respondent to pay remuneration to the claimants for a protected period of 60 days beginning on 1 April 2022, which it identified as the date on which the first of the dismissals took effect. It also recorded that the Employment Protection (Recoupment of Benefits) Regulations 1996 applied to the award, that any payments made by the respondent would be paid as an unsecured dividend subject to the usual preferential debts rules, and that the claimants agreed not to rank the sums as an expense of the administration or any later liquidation.

The judgment stated that the claimants had no other Employment Tribunal claims against the respondent. It also recorded that there would be no order as to costs or interest, and that each party would bear its own costs in the proceedings.