Claimant v Fusion Foods Ltd (In Creditors Voluntary Liquidation)
Outcome
Individual claims
The claim of race discrimination was withdrawn by the claimant at the hearing and therefore dismissed by the tribunal.
The tribunal found that the claimant was entitled to gross wages of £2,887.68 for January 2025 (including holiday pay), but was only paid £1,739.65 net. After accounting for National Insolvency Fund payments, a balance of £747.10 gross remained unpaid.
The claimant gave notice on 17 January 2025 and was entitled to two weeks' notice pay. After accounting for National Insolvency Fund payments for notice pay and wages, the tribunal found £270.08 net remained outstanding.
Facts
The claimant worked for Fusion Foods Ltd and gave notice on 17 January 2025, with his last day of work on 14 February 2025. He was entitled to gross wages of £2,887.68 for January 2025 (including accrued holiday pay) but was only paid £1,739.65 net. The company subsequently went into creditors voluntary liquidation. The claimant received partial payments from the National Insolvency Fund for unpaid wages (£500 gross) and notice pay (£575.34 gross), but there remained outstanding sums.
Decision
The tribunal dismissed the race discrimination claim upon withdrawal. The tribunal upheld the claims for unauthorised deduction of wages and failure to pay notice pay, finding that after accounting for National Insolvency Fund payments, the respondent owed £747.10 gross in unpaid wages and £270.08 net in notice pay, totalling £1,017.18.
Practical note
Even where an employer is insolvent and the National Insolvency Fund has made partial payments, employees can still pursue tribunal claims for any outstanding balance of wages and notice pay not covered by the statutory payments.
Award breakdown
Award equivalent: 1.8 weeks' gross pay
Case details
- Case number
- 6009246/2025
- Decision date
- 28 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
Claimant representation
- Represented
- No