Claimant v Stubbs Construction Limited in creditors' voluntary liquidation

The tribunal made a declaration that the first respondent made unlawful deductions from wages for arrears of pay and holiday pay as claimed. The claimants had already made claims in liquidation. The respondent company was in creditors' voluntary liquidation and did not attend.

Holiday pay claims succeeded against the insolvent first respondent by declaration. The Secretary of State had refused payment via Redundancy Payments Service applying settled law in Briman. Claims against the third respondent were dismissed as the Secretary of State had no liability under that case law.

Arrears of pay claims succeeded against the insolvent first respondent by declaration. The claimants were content with declaratory relief as claims had already been made in liquidation, though recovery was doubtful. Claims against second respondent withdrawn; against third respondent dismissed applying Briman.