Claimant v Oxis Energy Ltd (in administration) and Secretary of State for Business, Energy and Industrial Strategy — 2022

This was a judgment by consent in a group claim brought by Mr L Swiatek and others against Oxis Energy Limited (in administration) and the Secretary of State. The tribunal recorded that the claimants were employed by the first respondent and that, beginning on 4 May 2021, they were dismissed by reason of redundancy.

The tribunal held that the claim for a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 succeeded. It ordered the first respondent to pay remuneration to the claimants named in the attached schedule for a protected period of 60 days beginning on 4 May 2021, being the date on which the first of the dismissals took effect.

The judgment also granted permission for the protective award claims to proceed against the first respondent and for the moratorium to be lifted in relation to those claims, subject to the conditions agreed by the claimants' representatives on 11 February 2022. All further proceedings were withdrawn. The tribunal made no order as to costs or interest and stated that any payments made by the first respondent pursuant to the judgment would be treated as an unsecured dividend, subject to the normal categories of preferential debts, and that the claimants would not rank as an expense of the administration or any subsequent liquidation.