Mr J Penswick and Others v Bite Club LLSA Ltd (in voluntary liquidation): 2400579/2020 and Others

EMPLOYMENT TRIBUNALS
Case No 2400579/2020
Mr J Penswick and OthersClaimantBite Club LLSA Limited (in voluntary liquidation)Respondent
Employment Judge BensonIn person for claimantNot represented for respondentDate 4 May 2020

JUDGMENT

[1]The correct respondent to these proceedings is Bite Club LLSA Limited (in voluntary liquidation).[2]All claims against other respondents are dismissed.[3]The respondent has made an unauthorised deduction from each of the claimants’ wages and is ordered to pay to those claimants the gross sums set out below.[4]The claimants Mr J Penswick and Mrs J Smith were dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to those claimants in the net sums set out below.[5]The respondent has failed to pay the holiday entitlement of Mr J Penswick and is ordered to pay to him the gross sum set out below.[6]The respondent has failed to pay the holiday entitlement of Mr M Vine being 19 days holiday. The amount of Mr Vine’s arrears is to be determined. Mr J Penswick: Arrears of wages: 1 October 2019 to 24 January 2020 (£692.30 x 17 weeks) £11,769.10 Deductions purported to be for pension (3 May 2019 to 31 October 2019) £795.69 Notice period (1 week x £692.30) £692.30 Holiday Pay (5 days x £138.46 per day) £692.30 Total £13,949.39 Ms J Smith Arrears of wages 1 October 2019 to 22 January 2020 October £1441.63 November £1396.50 December £1263.00 January £1463.00 £5564.63 Notice Pay (1 week x £332.50) £332.50 Total £5,897.13 Ms M Topping Arrears of wages 1 October to 31 October 2019 (as per payslip) £411.95 November 2019 (24 hours x £7.70) £184.80 Total £596.95 Mr W Vine Arrears of pay 1 to 31 October 2019 (as per payslip) £388.88 Ms C Sutton Arrears of pay 1 to 31 October 2019 (as per payslip) £365.35 Ms A Lynch Arrears of pay 1 to 31 October 2019 (as per payslip) £360.00 Ms J Aspinall Arrears of pay 1 to 31 October 2019 (as per payslip) £1488.48 Mr M Evans Arrears of pay 1 to 31 October (as per payslip) £709.13