(1) Mr M Jamroz (2) Miss I Toporek (3) Mr M Koziol (4) Mr C Grudnik (5) Mr B Koziol (6) Mr A Koziol (7) Mr W Kubak v TLSC London Ltd and 2 others — 2019

The claims arose from the termination of the Claimants' employment with TLSC London Limited on 31 December 2018. The tribunal recorded that claims for notice, arrears of pay and holiday pay had been brought by all Claimants, with some claims also including unfair dismissal, redundancy payment and race discrimination. Because the First Respondent was in compulsory liquidation, the tribunal stayed the claims against it until 4 September 2020 unless permission of the court was obtained for them to proceed.

The claims against the Second Respondent, Mr S Clemett, were dismissed. The tribunal found that the Claimants had not undertaken early conciliation against him, as the ACAS certificates named only TLSC London Limited. It also noted that no particulars of the race discrimination claims were included in the claim forms and that the Claimants indicated that all employees, including British employees, had been dismissed at the same time.

The Fifth Claimant's redundancy payment claim against the Secretary of State succeeded. The tribunal found that he had referred his right to a redundancy payment to the employment tribunal within six months of the termination date and had therefore complied with section 164 ERA. It concluded that the Secretary of State was obliged to pay him £1,050 under section 166 ERA. The Secretary of State was also added as a respondent to the other Claimants' claims, with directions to submit responses.