Miss M Clowrey and Miss A Ford v Moolab Ltd and Moolab: 1801450/2025
JUDGMENT
The claims are dismissed.REASONS
[1]The claims issued by Miss Clowrey as the first Claimant were brought against “Moolab Ltd.” on 16th March 2025[2]The claims issued by Miss Ford as the first Claimant were brought against “Moolab”, also on 16th March 2025.[3]Both claims were served on an address at 437 Sheffield Road, Chesterfield on 18th September 2025.[4]The ACAS early conciliation procedure had , however, commenced on 20th January 2205 against Moolab (Holdings) Ltd or Moolab holding Ltd at the actual place of work, 73 Wellgate, Rotherham. This was treated as a minor error which did not prevent the claims being accepted as they stood.[5]There is no company registered in the name of “Moolab Ltd,” Moo Lab Ltd was dissolved in 2017. There are, though, numerous companies which have included the name “Moo Lab” in some form.[6]Miss Ford has provided a helpful chronology of her employment on 12th April 2026 together with supporting documentation.[7]I accept her written submissions, and it is through no fault of hers that she was unable to attend this hearing.[8]I find , therefore, that when Miss Ford started work at 73 Wellgate Rotherham on 1st September 2019 it was for the company Moo Lab S60 Ltd, which was registered at that address until its dissolution on 19th August 2025. This will also, I am satisfied, have also been the position in respect of Miss Clowrey which started work on 1st February 2022.[9]On occasions Miss Ford’s salary was paid by Moo Lab 2 S41, a company registered at the 437 Sheffield Road address until it too was dissolved on 19th August 2025.[10]On balance I conclude, however, that this was merely a payroll arrangement as between two associated companies and did not indicate any actual change of employer.[11]In 2022 Miss Ford was provided with a written contract of employment naming Moo Lab (Holdings ) Ltd as the employer. Although she did not sign this contract as it contained errors (including I can see an incorrect date for the start of continuous employment at 1st April 2021) I am satisfied that this indicates a change of employer in the case of both Claimants. It was Moo Lab (Holdings) Ltd,. which made the final salary payment and which issue the P45 on 10th February 2025.[12]Although the date of termination on the P45 is 22nd December 2024, the last day when the Claimants actually worked before the Christmas closure after which the business did not ever reopen until it was in new ownership, the actual date will be when they were in fact notified that they had been dismissed.[13]Whenever that date was, I find that the dismissing employer was therefore Moo Lab (Holdings ) Ltd.[14]I would have been prepared in the circumstances to substitute Moo Lab (Holdings) Ltd. As the correct Respondent to these proceedings. It was at the time of presentation, and until 28th April 2205, still registered at the 437 Sheffield Road address, even though at that time operating out of 107-111 John Street, Sheffield, which later did become the registered office. The service papers were never returned as “not known at this address”.[15]However, as from 11th August 2026 Moo Lab (Holdings) Ltd. is also dissolved by compulsory liquidation.[16]There is, therefore, no potentially liable Respondent to these current proceedings , - whether that be Moo Lab S60 Ltd., Moo Lam 2 S41 Ltd. or Moo Lab (Holdings) Ltd. – which is still in existence.[17]I do not consider it proportionate to stay proceedings pending any possible application by the Claimants to restore any company to the register, so that these claims might continue.[18]Unfortunately, therefore I consider that I have no option but to dismiss these claims as there is no Respondent..[19]Miss Ford has identified the current owner of the business as Xero Degrees Ltd. – a company currently under notice to strike of the Register – but they are not a party to these proceedings.[20]The Claimants are , however, clearly still owed monies, and as their former employer is insolvent they may be able to apply to the Redundancy Payments Office.