Dr M Crittenden v Oxis Energy Limited (in administration) — 2022

This was a judgment by consent. The tribunal recorded that the claimant, Dr M Crittenden, had been employed by Oxis Energy Limited (in administration), that the respondent's administrators granted permission for the claims to proceed and lifted the moratorium subject to the claimant's agreed conditions of 17 May 2022, and that the claimant was dismissed by reason of redundancy on 4 May 2021.

The claim for a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 succeeded. The tribunal ordered payment for a protected period of 60 days beginning on 4 May 2021 in the sum of £13,282.82.

The tribunal also recorded that the claims for arrears of wages, unpaid holiday pay and unpaid expenses succeeded. It ordered payment of £4,505.68 for arrears of wages, £1,428.64 for holiday pay and £285.90 for unpaid expenses. The judgment stated that the payments would be subject to deductions of tax and National Insurance contributions as required by law, and that the sums in paragraph 7 excluded sums already paid to the claimant before the date of the judgment.

The remaining proceedings were withdrawn. The tribunal made no order as to costs or interest, and noted that the Employment Protection (Recoupment of Benefits) Regulations 1996 applied to the award. The judgment also recorded that any payments made by the respondent, rather than the Secretary of State, would be treated as an unsecured dividend subject to the normal categories of preferential debts.