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 Second Respondent had paid arrears for 29 April to 7 May 2024, but the First Respondent made unauthorised deductions of one week's gross pay (£575.34) for the earlier period.
The claimant was entitled to two weeks' notice. The Second Respondent had paid one week's notice. The First Respondent was in breach of contract for failing to pay the remaining one week's notice in the gross sum of £575.34.
The claimant had accrued 2.7 weeks holiday entitlement by 7 May 2024 and had taken 1.3 weeks. The First Respondent failed to pay the outstanding 1.4 weeks holiday pay amounting to £805.48.
The claimant was dismissed by reason of redundancy on 7 May 2024 after two years' service. She was entitled to a statutory redundancy payment calculated as 2 weeks' pay (£1,150.68).
The claim for a protective award was dismissed upon withdrawal by the claimant.
Facts
The claimant was employed by Waugh Inns Ltd from 8 November 2021 and TUPE transferred to Fresh Foods Maystor Ltd on 10 November 2023. She was summarily dismissed by reason of redundancy on 7 May 2024 with two years' service. The First Respondent entered creditor's voluntary liquidation and failed to pay the claimant's wages for 22-28 April 2024, one week's notice pay, and accrued holiday pay. The Second Respondent (Secretary of State) had made partial payments based on inaccurate information from the liquidators.
Decision
The tribunal found in favour of the claimant on all claims that proceeded. The First Respondent was ordered to pay £575.34 for unauthorised deductions from wages, £575.34 for breach of contract (notice pay), £805.48 for unpaid holiday, and £1,150.68 as a statutory redundancy payment, totalling £3,106.84 gross. The protective award claim was dismissed upon withdrawal.
Practical note
In insolvency cases, tribunals will carefully calculate entitlements based on employment records and TUPE transfers, even where the insolvent employer does not attend and the Secretary of State has made partial payments based on incomplete information.
Award breakdown
Award equivalent: 5.4 weeks' gross pay
Case details
- Case number
- 3305403/2024
- Decision date
- 11 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Salary band
- £25,000–£30,000
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep