Claimant v Fresh Foods Maystor Ltd (In creditor's voluntary liquidation)
Outcome
Individual claims
The tribunal found that the First Respondent failed to pay the claimant for the period 22-28 April 2024, despite the Second Respondent having paid for 29 April to 7 May. This constituted an unauthorised deduction of one week's gross pay of £738.74.
The claimant was entitled to two weeks' notice but the Second Respondent had only paid one week. The First Respondent breached contract by failing to pay the remaining week's notice in the gross sum of £738.74.
The claimant had accrued 2.7 weeks holiday entitlement by 7 May 2024 and had taken 1.6 weeks, leaving 1.1 weeks unpaid. The First Respondent failed to pay this accrued holiday entitlement of £812.61.
The claimant was dismissed by reason of redundancy on 7 May 2024 with two years' service at age 33. The tribunal calculated statutory redundancy payment as £1,400.00 (2 weeks at £700 statutory maximum).
Withdrawn by claimant.
Protective award claim withdrawn by claimant.
Facts
Mrs Himi was employed by Waugh Inns Ltd from November 2021 and TUPE transferred to Fresh Foods Maystor Ltd in November 2023. She was summarily dismissed by reason of redundancy on 7 May 2024 after two years' service. The First Respondent subsequently went into creditor's voluntary liquidation. The claimant was not paid for certain periods and was not paid full notice or accrued holiday entitlement, though the Second Respondent (Secretary of State) made some partial payments based on inaccurate information from the liquidators.
Decision
The tribunal found in favour of the claimant on all pursued claims. The First Respondent was ordered to pay arrears of wages (£738.74), notice pay (£738.74), holiday pay (£812.61), and statutory redundancy payment (£1,400.00), totalling £3,690.09 gross. Claims for unfair dismissal and protective award were dismissed upon withdrawal.
Practical note
When an employer enters insolvency, the Secretary of State may make partial payments from the National Insurance Fund, but employees can still pursue the insolvent employer for unpaid contractual entitlements where the Secretary of State's payments were based on incorrect information.
Award breakdown
Award equivalent: 5.0 weeks' gross pay
Case details
- Case number
- 3305400/2024
- Decision date
- 11 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
- Service
- 2 years
Claimant representation
- Represented
- No