Mr C Angiulli & Others and v Mr E Archibald & Others (All as per attached Schedule)15 Jamie’s Italian Limited (In administration) — 2020

This was a judgment by consent in proceedings brought by Mr C Angiulli and others, and Mr E Archibald and others, against Jamie’s Italian Limited (in administration). The tribunal recorded that the administrators granted permission for the claims to proceed and the lifting of the moratorium in relation to those claims.

The tribunal held that, for the claimants named in the attached schedule, the respondent had failed to adequately comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, and the protective award claim under section 189 succeeded. It ordered the respondent to pay remuneration for a protected period of 56 days beginning on 21 May 2019, which was the date on which the first of the relevant dismissals took effect.

The parties agreed that the remaining claims for unlawful deduction of wages, breach of contract, holiday pay, notice pay, redundancy pay and unfair dismissal, as set out in the statement of claim, could be dismissed on withdrawal. The judgment also states that any payments made by the respondent rather than the Secretary of State pursuant to the judgment would be treated as an unsecured dividend, subject to the normal categories of preferential debts.

The tribunal made no order as to costs, with each party bearing its own costs in the proceedings.