Case 3202138/2019 · Employment Tribunal
(1) Ms T Low & Others (2) Mr S Burge & Others (3) Ms RG Petrova & Ms G Iacopinelli (4) Mr S Magee v Jamie’s Italian Limited (in Administration) and 3 others — 2020
- Case reference
- 3202138/2019
- Decision date
- 20 May 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Taylor Date
Parties
5 namedClaimant
(1) Ms T Low & Others (2) Mr S Burge & Others (3) Ms RG Petrova & Ms G Iacopinelli (4) Mr S Magee
Key findings
Tribunal's reasoningThis was a consent judgment. The joint administrators of Jamie’s Italian Limited (In Administration), One New Change Limited (In Administration) and Fifteen Restaurant Limited (In Administration) consented to the protective award claims proceeding. The tribunal recorded that the claims were brought by the claimants named in the attached schedules.
For Jamie’s Italian Limited, One New Change Limited and Fifteen Restaurant Limited, the tribunal found that each respondent failed to adequately comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, so the protective award claims under section 189 succeeded. The judgment did not set out a monetary sum, but ordered remuneration for a protected period of 56 days beginning on 21 May 2019, the date on which the first of the dismissals to which the complaint related took effect.
The judgment also stated that any payments made by the companies rather than the Secretary of State pursuant to the judgment would be paid as an unsecured dividend, subject to the normal categories of preferential debts in Schedule 6 of the Insolvency Act 1986. It further recorded that there would be no order as to costs and that each party would bear its own costs in the proceedings.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Protective award claim under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal found inadequate compliance with section 188 and ordered remuneration for a protected period of 56 days beginning on 21 May 2019. | Upheld | — | — |
| Trade union | Protective award claim under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal found inadequate compliance with section 188 and ordered remuneration for a protected period of 56 days beginning on 21 May 2019. | Upheld | — | — |
| Trade union | Protective award claim under sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal found inadequate compliance with section 188 and ordered remuneration for a protected period of 56 days beginning on 21 May 2019. Paragraph 4.2 refers to the Second Schedule when ordering payment, although the heading and surrounding text refer to the Third Schedule; the schedule cross-reference is inconsistent in the extracted text. | Upheld | — | — |
Legal tests applied
2 references- s.188 TULRCA 1992
- s.189 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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