Mr MMO Omair v A C plc (in administration) Interested Party: The Secretary of State for Business and Trade — 2025

The tribunal held that the protective award claim under section 189 TULRCA 1992 was well-founded because the respondent failed to consult the claimant and his former colleagues under section 188. It found that the relevant group was the employees at the respondent's head office, that there were more than 20 such employees, and that all were dismissed. A protected period of 90 days was ordered from 18 August 2023, and the judgment annexed the recoupment information. The tribunal also accepted the claimant's account that he did not receive any benefits during the relevant period.

The tribunal found an unauthorised deduction from wages for the period 1 August to 18 August 2023. It found that £2,218.18 gross was properly payable, that none of it had been paid by the respondent, and that £1,837.14 gross had been received from the Secretary of State. The respondent was ordered to pay the balance of £382.04 gross. It also held that the claimant was entitled to damages for failure to give one month's notice. On the tribunal's findings he would have earned £2,906.56 net in the notice period, nothing had been paid by the respondent, and after crediting £466.28 net from the Secretary of State the balance due was £2,440.28.

For holiday, the tribunal found that the claimant had accrued 3.53 weeks' entitlement under the Working Time Regulations 1998, had taken 17 days in 2023, and therefore had 0.13 weeks outstanding. Applying a weekly rate of £865.39, it awarded £112.50 gross for unused statutory holiday. It made no additional award for contractual holiday damages and no award for future loss or injury to feelings, and stated that the recoupment regulations did not apply to the awards for unlawful deduction from wages, notice pay, or Working Time Regulations holiday pay.