Mr A Canti and others v Il Mascalzone Ltd: 2300946/2018

EMPLOYMENT TRIBUNALS
Case No 2300946/2018, 2300947/2018, 2300948/2018
Mr A Canti Mr M D’Ammacco Mr M I EpureClaimantIl Mascalzone Limited HELD AT: London SouthRespondent
Employment Judge FreerMr Barklem (instructed by Counsel) for claimantNot attending for respondentMr C Barklem (instructed by counsel) for claimantNone for respondentDate 15 May 2019

JUDGMENT

It is the judgment of the Tribunal that the Respondent’s application to present a Response out of time is refused. Further to rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 the Claimants’ claims are successful and this matter shall be listed for a remedy hearing. Employment Judge Freer Date: 15 May 2019 Case No: 2300946/2018, 2300947/2018 & 2300948/2018 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimants:(1) Mr A Canti(2) Mr M D’Ammacco(3) Mr M I Epure Respondent: Il Mascalzone Limited Heard at: London South Employment Tribunal On: 27 June 2019 Before: Employment Judge Ferguson (sitting alone) Representation Claimants: Mr C Barklem (counsel) Respondent: None REMEDY JUDGMENT It is the judgment of the Tribunal that:[1]The Claimants are awarded the sums set out below.[2]The Respondent shall pay Mr Canti £30,330.56, Mr D’Ammacco £16,603.25 and Mr Epure £13,774.00. Canti Basic award: £2,934.00 Compensatory award: £22,140.56 Holiday pay: £3,300.00 s.38 EA 2002: £1,956.00 TOTAL: £30,330.56 Recoupment Prescribed period: 17/12/2017 to 27/6/2019 Total award: £30,330.56 Prescribed element: £21,840.56 Balance: £8,490.00 Case No: 2300946/2018, 2300947/2018 & 2300948/2018 10.2 Judgment - rule 61 February 2018 D’Ammacco Basic award: £2,445.00 Compensatory award: £7,351.25 Holiday pay: £4,851.00 s.38 EA 2002: £1,956.00 TOTAL: £16,603.25 Recoupment Prescribed period: 21/01/2018 to 27/6/2019 Total award: £16,603.25 Prescribed element: £7,051.25 Balance: £9,552.00 Epure Basic award: £2,934.00 Compensatory award: £4,884.00 Holiday pay: £4,000.00 s.38 EA 2002: £1,956.00 TOTAL: £13,774.00 Recoupment Prescribed period: 21/01/2018 to 27/6/2019 Total award: £13,774.00 Prescribed element: £4,584.00 Balance: £9,190.00