Claimant v Millgarden Botanics LLP (in Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the Respondent made unauthorised deductions from all four Claimants' wages. Awards were calculated after accounting for sums already received from the Insolvency Service/RPS.
The tribunal found that the Respondent was in breach of contract in respect of notice pay for all four Claimants. Awards were made for notice periods less amounts already received from the Insolvency Service.
The tribunal found that the Respondent failed to make redundancy payments to Mr Pavitt, Miss Wood, and Mrs Lombard. Two claimants had already received their redundancy pay in full from the Insolvency Service, while Miss Wood was awarded a small balance.
The tribunal found that the Respondent failed to pay holiday entitlements to all four Claimants. Awards were made for accrued but unpaid holiday pay, less amounts already received from the Insolvency Service.
The Fourth Claimant (Mrs Lombard) withdrew her unfair dismissal claim and it was dismissed upon withdrawal by the tribunal.
Facts
Four employees brought claims against their former employer, Millgarden Botanics LLP, which was in voluntary liquidation. The Respondent did not attend the hearing. The Claimants had already received partial payments from the Insolvency Service/RPS for their various entitlements but claimed they were owed additional sums for unpaid wages, notice pay, redundancy pay, and holiday pay.
Decision
The tribunal found in favour of all four Claimants on their claims for unlawful deduction of wages, breach of contract (notice pay), and holiday pay. Redundancy pay claims by three claimants also succeeded. The tribunal calculated awards after deducting sums already received from the Insolvency Service, with total awards ranging from £1,238.25 to £12,141.36 per claimant.
Practical note
When an insolvent employer fails to attend, tribunals will still calculate precise entitlements for wages, notice, redundancy and holiday pay, carefully accounting for partial payments already made by the Insolvency Service.
Award breakdown
Case details
- Case number
- 1403315/2022
- Decision date
- 9 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No