Case 1805140/2020 · Employment Tribunal
Mr G Razzano (1) Mr C Resane (2) v C1 Realisations (2020) Limited (In Administration) and 1 other — 2021
- Case reference
- 1805140/2020
- Decision date
- 8 November 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge MIller Representation
- Venue
- Hull
Parties
3 namedClaimant
Mr G Razzano (1) Mr C Resane (2)
Key findings
Tribunal's reasoningThe claimants were employed at the York St Helen's Square branch of Carluccio's until 24 April 2020, when they were dismissed after the first respondent entered administration. Their claims for notice pay, unpaid holiday pay, unauthorised deductions from wages, and TUPE failure to inform and consult were withdrawn and dismissed on withdrawal.
The tribunal found that at least 20 employees worked at the relevant establishment, that the dismissals were redundancies within section 195 TULRCA, and that the obligations under sections 188 and 188A TULRCA were triggered. There was no recognised trade union, no existing body of employee representatives with authority to be consulted, and no steps were taken to arrange the election of representatives or to consult.
The first respondent did not take part in the proceedings and did not show any mitigating circumstances for reducing the protected period. The tribunal made a protective award for each claimant who was made redundant, with a protected period of 90 days from 24 April 2020. If the first respondent was insolvent, the second respondent was liable subject to the statutory limits in Part XII of the Employment Rights Act 1996.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The claimants' claims for notice pay were dismissed on withdrawal. | Withdrawn | — | — |
| Holiday pay | The claimants' claims for unpaid holiday pay were dismissed on withdrawal. | Withdrawn | — | — |
| Unlawful deduction from wages | The claimants' claims for unauthorised deductions from wages/arrears of pay were dismissed on withdrawal. | Withdrawn | — | — |
| Transfer of undertakings (TUPE) | The claimants' claims of failure to inform and consult under regulation 15 of TUPE were dismissed on withdrawal. | Withdrawn | — | — |
| Other | Protective award claim under sections 188 and 189 TULRCA. The tribunal awarded a protected period of 90 days from 24 April 2020, but did not state a bottom-line monetary amount. | Upheld | — | — |
Legal tests applied
7 references- s.188 Trade Union and Labour Relations (Consolidation) Act 1992
- s.188A Trade Union and Labour Relations (Consolidation) Act 1992
- s.189 Trade Union and Labour Relations (Consolidation) Act 1992
- s.195 Trade Union and Labour Relations (Consolidation) Act 1992
- Susie Radin Ltd v GMB and others [2004] EWCA Civ 180
- Part XII Employment Rights Act 1996
- s.186 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.