Cases3306600/2024

Claimant v Collpay Ltd

15 October 2025Before Employment Judge Louise TaftNorwichremote video

Outcome

Claimant succeeds£31,569

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the second respondent made an unauthorised deduction from the claimant's wages in the period from 1 April 2024 to 8 April 2024, following the TUPE transfer. The respondent failed to attend to defend the claim.

Holiday Paysucceeded

The tribunal found that the second respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended on 8 April 2024.

Breach of Contractsucceeded

The tribunal found the complaint of breach of contract in relation to notice pay was well-founded. The second respondent failed to pay the claimant his contractual notice pay upon termination.

Failure to Inform & Consultsucceeded

The tribunal found that the complaint that there was a failure to inform and consult the claimant regarding the TUPE transfer from the first to the second respondent was well founded, resulting in a protective award.

Facts

The claimant was employed by Collpay Ltd (in liquidation). His employment transferred to Lumocolor Ltd on 1 April 2024 via TUPE. The claimant's employment ended on 8 April 2024. The respondents failed to pay wages for the period 1-8 April 2024, failed to pay accrued holiday pay, failed to pay notice pay, and failed to inform and consult the claimant about the TUPE transfer. None of the respondents attended the hearing.

Decision

The tribunal struck out claims against the first respondent due to liquidation. All claims against the second respondent succeeded, with awards for unpaid wages (£1,315.38), holiday pay (£1,973.07), notice pay (£14,030.77), and a protective award for failure to inform and consult (£14,250). Claims against the third respondent were dismissed.

Practical note

When an employer in liquidation transfers a business via TUPE but fails to inform and consult employees or pay their entitlements, the transferee employer inherits full liability including protective awards, even for very short periods of employment post-transfer.

Award breakdown

Notice pay£14,031
Holiday pay£1,973
Unpaid wages£1,315

Legal authorities cited

Case details

Case number
3306600/2024
Decision date
15 October 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No