Case 2411010/2019 · Employment Tribunal
Mr E Berkolds and 26 others listed on the attached schedule v Jamie’s Italian Limited (in Administration) and 1 other — 2021
- Case reference
- 2411010/2019
- Decision date
- 18 January 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Batten
Parties
3 namedClaimant
Mr E Berkolds and 26 others listed on the attached schedule
Key findings
Tribunal's reasoningThe judgment was made by consent under Rule 64. The Administrators of the first respondent granted permission for the scheduled claims to proceed against the first respondent and lifted the moratorium in relation to those claims.
The tribunal recorded that case number 2411010/2019, in the name of Mr Edward Berkolds, duplicated the claim registered under case number 2411011/2019, and dismissed the duplicate claim on withdrawal. For the claimants named in the schedule, the tribunal held that the first respondent failed to adequately comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992, so the protective award claim under section 189 succeeded.
The first respondent was ordered to pay remuneration to the scheduled claimants for a protected period of 56 days beginning on 21 May 2019. The judgment did not state a total monetary award and made no order as to costs.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The judgment states that the claim registered as 2411010/2019 in Mr Edward Berkolds' name was a duplicate of case number 2411011/2019 and was dismissed on withdrawal. | Withdrawn | — | — |
| Other | Protective award claim under section 189 of the Trade Union & Labour Relations (Consolidation) Act 1992. The locked taxonomy has no specific protective award category. | Upheld | — | — |
Legal tests applied
3 references- Rule 64 of Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013
- section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992
- section 189 of the Trade Union & Labour Relations (Consolidation) Act 1992
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.
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