Mr L E Parkinson and others v Jamie’s Italian Ltd (In Administration): 1805151/2019 and others

EMPLOYMENT TRIBUNALS

Case No 1805151/2019

Between

Mr LE Parkinson and othersClaimant

Jamie’s Italian Limited (In Administration)Respondent

Before

Employment Judge Brain Date

Date 19 June 2020

JUDGMENT

UPON reading the joint application submitted by the parties; AND UPON the parties having agreed to the terms of the Judgment set out below by consent; AND UPON permission for the claims presented by the Claimants named in the attached Schedule to this Judgment to proceed against the Respondent, and lifting of the moratorium in relation to those claims being granted by the administrators of the Respondent: The Judgment of the Employment Tribunal made under Rule 64 of Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013 is that:

[1]Protective Award1.1 In relation to the Claimants named in the attached Schedule to this Judgment the Respondent failed to adequately comply with the requirements of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and the claim for a protective award brought under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 succeeds.

1.2 The Respondent is ordered to pay remuneration to the Claimants named in the attached schedule for a protected period of 90 days beginning on 21 May 2019 (being the date on which the first of the dismissals to which the complaint relates took effect). The Recoupment Regulations apply.

[2]Preferential debts 10.1 Judgment – no hearing - rule 60 February 2018 Subject to the normal categories of preferential debts set out in Schedule 6 of the Insolvency Act 1986, any payments made by the Respondent (rather than the Secretary of State) pursuant to this Judgment will be paid as an unsecured dividend.

[3]Costs There shall be no order as to costs and each party shall bear their own costs in these proceedings.