Mr P Carey v Kershaw Mechanical Services Limited (In Administration) — 2023

This was a judgment by consent under Rule 64. The tribunal recorded that the administrators granted permission for the claim and lifted the moratorium on 27 February 2023, subject to the conditions agreed by the claimant, and that the claimant had been employed by the respondent, Kershaw Mechanical Services Limited (In Administration). The judgment states that the protective award claim under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 succeeds.

The tribunal ordered the respondent to pay remuneration to the claimant for a protected period of 60 days beginning on 1 April 2022, identified as the date on which the first dismissal to which the claim related took effect. No monetary figure for that remuneration is set out in the judgment. The judgment also states that the Employment Protection (Recoupment of Benefits) Regulations 1996 apply.

The judgment records that the claimant had claims for unfair dismissal, wrongful dismissal/notice pay, unlawful deductions from wages, and breach of Regulation 14 of the Working Time Regulations 1998, and that he confirmed withdrawal of those claims. Those claims were dismissed upon withdrawal under Rule 52. The judgment further states that, apart from those claims, the claimant had no other Employment Tribunal claims against the respondent.

As to payment and costs, the judgment provides that any payments made by the respondent rather than the Secretary of State would be paid as an unsecured dividend, subject to the normal preferential debts rules, and that there would be no order as to costs or interest, with each party bearing its own costs.