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 week 22-28 April 2024 at £220.00 gross. The Second Respondent had paid arrears for 29 April to 7 May 2024, but the earlier week remained unpaid, constituting an unauthorised deduction from wages.
The claimant had accrued 2.7 weeks holiday entitlement by the dismissal date on 7 May 2024 and had taken 2 weeks, leaving 0.7 weeks unpaid. The tribunal calculated this as £154.00 gross (0.7 x £220.00) and ordered the First Respondent to pay this amount.
The claimant withdrew this claim. With zero years' service and being only 17 years old at dismissal, the claimant would not have met the qualifying service requirement for ordinary unfair dismissal.
The protective award claim was dismissed upon withdrawal by the claimant during the hearing.
Facts
The claimant, aged 17, was employed from 9 June 2023 by Waugh Inns Ltd and TUPE transferred to the First Respondent on 10 November 2023. He was summarily dismissed by reason of redundancy on 7 May 2024, with zero years' qualifying service. The First Respondent failed to pay wages for the week 22-28 April 2024 and failed to pay accrued holiday pay. The company went into creditors' voluntary liquidation. The Second Respondent (Secretary of State) paid partial arrears but not the full amount owed.
Decision
The tribunal upheld the claims for unlawful deduction of wages (£220.00) and unpaid holiday pay (£154.00), totalling £374.00 gross. The unfair dismissal and protective award claims were dismissed upon withdrawal, as the claimant lacked qualifying service and withdrew these claims at the hearing.
Practical note
Even where an employer is insolvent and a young employee lacks qualifying service for unfair dismissal, basic contractual claims for wages and statutory holiday pay remain enforceable against the company in liquidation.
Award breakdown
Case details
- Case number
- 3305423/2024
- Decision date
- 27 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Service
- 11 months
Claimant representation
- Represented
- Yes
- Rep type
- lay rep