Case 3200976/2022 · Employment Tribunal
(1) Ms A Aftyka and 122 others (as listed in the Multiple Schedule) (2) Mr N Tzovanos (3) Mr R Ramanandi v Kesslers International Limited (in administration) and 1 other — 2022
- Case reference
- 3200976/2022
- Decision date
- 8 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gardiner Representation
Parties
3 namedClaimant
(1) Ms A Aftyka and 122 others (as listed in the Multiple Schedule) (2) Mr N Tzovanos (3) Mr R Ramanandi
Key findings
Tribunal's reasoningThe tribunal recorded that Mr N Tzovanos withdrew case number 3200976/2022 and that Mr R Ramanandi withdrew case number 3201237/2022 as part of Multiple 3200166. Those withdrawn cases were dismissed upon withdrawal, while Mr Ramanandi's separate case number 3202863/2022 seeking the same remedy was not withdrawn.
The tribunal found that Kesslers International Limited had failed to comply with the requirements of sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. It found that the claimants were employed at the same establishment in Stratford, East London. With the exception of Mr Tzovanos, the claimants were entitled to a protective award requiring the first respondent to pay remuneration for a protected period of 90 days beginning on 17 December 2021, the date on which the first dismissals took effect.
The tribunal said a 90-day protected period was just and equitable having regard to the seriousness of the first respondent's default in complying with section 188 TULRCA 1992. Mrs Dion Mattushek's holiday pay complaint was stayed for three months, the remaining holiday pay complaints were dismissed upon withdrawal, and complaints for notice pay and arrears of pay were dismissed upon withdrawal.
Claims and outcomes
6 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 |
|---|---|---|---|---|
| Trade union | The tribunal made a protective award for all claimants in the multiple schedule except Mr N Tzovanos, whose case was withdrawn. The award was remuneration for a protected period of 90 days beginning on 17 December 2021; no monetary figure was stated. | Upheld | — | — |
| Holiday pay | Mrs Dion Mattushek's holiday pay complaint was stayed for three months until 7 December 2022, with provision that it would stand dismissed if no request for determination was made before then. | Other | — | — |
| Holiday pay | The remaining holiday pay complaints brought by other claimants in Multiple 3200166 were dismissed upon withdrawal. | Withdrawn | — | — |
| Unlawful deduction from wages | Complaints for arrears of pay brought by claimants in Multiple 3200166 were dismissed upon withdrawal. | Withdrawn | — | — |
| Breach of contract | Complaints for failure to pay notice pay brought by claimants in Multiple 3200166 were dismissed upon withdrawal. | Withdrawn | — | — |
| Other | Mr N Tzovanos withdrew case number 3200976/2022 and that case was dismissed upon withdrawal. Mr R Ramanandi withdrew case number 3201237/2022 as part of Multiple 3200166, while his separate case number 3202863/2022 seeking the same remedy was not withdrawn. |
Legal tests applied
3 references- Sections 188 and 188A Trade Union and Labour Relations (Consolidation) Act 1992
- just and equitable
- Section 188 TULRCA 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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