Claimant v Fresh Foods Maystor Ltd (In creditor's voluntary liquidation)
Outcome
Individual claims
The claimant was not paid for the period 22-28 April 2024. The tribunal found the First Respondent made unauthorised deductions totalling £372.00 gross (one week's pay) for this period.
The claimant was entitled to two weeks' notice but received only one week's notice pay from the Second Respondent. The First Respondent breached contract by failing to pay the remaining week's notice of £372.00 gross.
The claimant had accrued 2.7 weeks holiday by dismissal date and taken 1.4 weeks, leaving 1.3 weeks unpaid. The tribunal calculated unpaid holiday pay as £483.60 gross which the First Respondent failed to pay.
The claimant was dismissed by reason of redundancy with two years' service, aged 20. The tribunal calculated a statutory redundancy payment of £372.00 which the First Respondent failed to pay.
Withdrawn by claimant
Withdrawn by claimant
Facts
The claimant was employed from November 2021 by Waugh Inns Ltd and TUPE transferred to Fresh Foods Maystor Ltd in November 2023. She was summarily dismissed by reason of redundancy on 7 May 2024 with two years' service, aged 20. The First Respondent entered creditors' voluntary liquidation and failed to pay arrears, notice, and holiday pay. The Second Respondent (Secretary of State) made some payments but based on inaccurate information from the liquidators.
Decision
The tribunal found in favour of the claimant on all contested claims. The First Respondent was ordered to pay £372 for unlawful deduction of wages (one week), £372 for breach of contract (one week's notice), £483.60 for unpaid holiday (1.3 weeks), and £372 statutory redundancy payment. The unfair dismissal and protective award claims were dismissed upon withdrawal.
Practical note
When an insolvent employer fails to pay statutory entitlements, employees can claim against both the insolvent company and the Secretary of State, though accurate information to the Insolvency Service is critical for correct payments.
Award breakdown
Award equivalent: 4.3 weeks' gross pay
Case details
- Case number
- 3305401/2024
- Decision date
- 11 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Salary band
- £15,000–£20,000
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep