Claimant v Fresh Foods Maystor Ltd (In creditor's voluntary liquidation)
Outcome
Individual claims
The tribunal found the First Respondent failed to pay the claimant for the period 22-28 April 2024. The claimant was entitled to £208.40 gross weekly pay for that period, which was unlawfully deducted.
The tribunal calculated that by the date of dismissal on 7 May 2024, the claimant had accrued 2.7 weeks of holiday entitlement (5.6 weeks per annum pro-rated) and had taken no holiday. The First Respondent failed to pay this accrued holiday pay of £562.68.
The claimant withdrew this claim and it was dismissed upon withdrawal by the tribunal.
The protective award claim was withdrawn by the claimant and dismissed upon withdrawal by the tribunal.
Facts
The claimant was employed by Waugh Inns Ltd from December 2022 and TUPE transferred to the First Respondent in November 2023. She was summarily dismissed by reason of redundancy on 7 May 2024 with one year's service. The claimant was not paid for work from 22-28 April 2024, though the Secretary of State paid arrears for 29 April-7 May. The claimant had accrued 2.7 weeks of unpaid holiday entitlement. The First Respondent entered creditors' voluntary liquidation and did not attend the hearing.
Decision
The tribunal found the First Respondent had made unlawful deductions from wages totalling £208.40 for the week 22-28 April 2024, and failed to pay accrued holiday pay of £562.68. Both awards were made gross subject to tax and National Insurance. The unfair dismissal and protective award claims were dismissed upon the claimant's withdrawal.
Practical note
When an insolvent employer fails to pay final wages and accrued holiday pay, employees can recover these sums through tribunal proceedings even where the Secretary of State has made partial payments under insolvency provisions.
Award breakdown
Case details
- Case number
- 3305412/2024
- Decision date
- 11 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 1 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep