Mr E Berkolds and 26 others see schedule v Jamie’s Italian Ltd (in Administration) and The Secretary of State for BEIS: 2411010/2019

EMPLOYMENT TRIBUNALS

Case No 2411010/2019, 2411011/2019

Between

Mr E Berkolds and 26 others listed on the attached scheduleClaimant

1. Jamie’s Italian Limited (in Administration) 2. The Secretary of State for BEISRespondent

Date 30 December 2020

[2]The Secretary of State for BEIS JUDGMENT UPON the parties having agreed to the terms set out below by consent 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]Permission for the claims presented by the claimants named in the attached Schedule to this Judgment to proceed against the first respondent, and the lifting of the moratorium in relation to those claims, is granted by the Administrators of the first respondent.

[2]The claim registered in the name of Mr Edward Berkolds under case number 2411010/2019 is a duplicate of the claim registered in the same name under case number 2411011/2019.

[3]The claim under case number 2411010/2019 is therefore dismissed on withdrawal.

[4]Protective Award4.1 In relation to the claimants named in the attached Schedule to this Judgment the first respondent failed to adequately comply with a requirement of section 188 of the Trade Union & Labour Relations Case No: 2411010/2019 (Consolidation) Act 1992 and the claim for a protective award brought under section 189 of the Trade Union & Labour Relations (Consolidation) Act 1992 succeeds.

4.2 The first respondent is ordered to pay remuneration to the claimants named in the attached schedule, for a protected period of 56 days beginning on 21 May 2019 (being the date on which the first of the dismissals to which the complaint relates took effect).

[5]Preferential debts 5.1 Subject to the normal categories of preferential debts set out in Schedule 6 of the Insolvency Act 1986, any payments made by the first respondent (rather than the second respondent) pursuant to this Judgment will be paid as an unsecured dividend.

[7]There shall be no order as to costs and each party shall bear their own costs in these proceedings. _____________________________ Employment Judge Batten 30 December 2020 JUDGMENT SENT TO THE PARTIES ON 18 January 2021 FOR THE TRIBUNAL OFFICE Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case. Case No: 2411010/2019 IN THE MANCHESTER EMPLOYMENT TRIBUNAL CASE No: 2411011/2019 & OTHERS Mr Edward Berkolds & others Claimants - v - Jamie’s Italian Limited (in administration) First Respondent The Secretary of State for Business, Energy and Industrial Strategy Second Respondent SCHEDULE Title (Miss, Mrs, Mr etc) First Name Second name Case number Mr Edward Berkolds 2411011/2019 Ms Jacqueline Binge 2411012/2019 Mr Jeremy Gagne 24110132019 Ms Annalie Gunner 2411014/2019 Mr Peter James 2411015/2019 Mr Gabor Kovacs-Halmai 2411016/2019 Mr Marcel Lovin 2411017/2019 Ms Katherine Lowes 2411018/2019 Mr Alan Macleod 2411019/2019 Mr Alistair Malcolm 2411020/2019 Ms Bebiana Moreira 2411021/2019 Ms Daniele Moscato 2411022/2019 Ms Monika Osowicka 2411023/2019 Mr Michael Pendleton 2411024/2019 Mr Steven Percy 2411025/2019 Ms Jacalyn Regan 2411026/2019 Mr Ingus Rurans 2411027/2019 Ms Amy Rushworth 2411028/2019 Ms Karolina Rutkowska 2411029/2019 Ms Estela Del Carmen Sanchez Ruiz 2411030/2019 Mr Joshua Singh 2411031/2019 Ms Rebecca Smith 2411032/2019 Mr Szabolcs Szimon 2411033/2019 Ms Tijana Taci 2411034/2019 Mr Akos Urban 2411035/2019 Mr James Watkins 2411036/2019 Mr Richard Welch 2411037/2019