Mr J Wiseman v Fresh Foods Maystor Ltd (In creditor’s voluntary liquidation) and Secretary of State for Business and Trade: 3305410/2024
JUDGMENT
[1]The claimant was dismissed in breach of contract in respect of notice and the First Respondent is ordered to pay damages to the claimant in the gross sum of £263.50 (subject to tax and National Insurance).[2]The First Respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £226.61 (subject to tax and National Insurance). (Credit to be given for £19.79 paid to the claimant by the Second Respondent).[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £263.50.[4]The claims for unfair dismissal and a protective award are dismissed upon withdrawal. Case Number: 3305410/2024 2REASONS
Proceeding in the absence of the First and Second Respondents.[1]The First Respondent is in creditors’ voluntary liquidation and was not expected to attend.[2]The Second Respondent was not expected to attend.[3]Employment Judge Alliott decided to proceed in their absence.The claims
[4]The claimant was employed by Waugh Inns Ltd on 12 June 2021 and was ‘TUPE’ transferred to the First Respondent on 10 November 2023.[5]The claimant was summarily dismissed by reason of redundancy on 7 May 2024.[6]The claimant therefore had two years’ service.[7]The claimant was born on 2 December 2004 and was therefore 19 years old at the date of dismissal .[8]The claimant’s gross weekly pay was £263.50.[9]The claimant was entitled to two weeks’ notice. The Second Respondent has paid the claimant one week’s notice. The First Respondent is in breach of contract as it has failed to pay the claimant one week’s notice in the gross sum of £263.50 (subject to tax and National Insurance).[10]The First Respondent’s holiday year, based on the Waugh Inns Ltd contract of employment, ran from 1 January to 31 December . The claimant’s holiday entitlement was 5.6 weeks p.a. The claimant was paid holiday pay up to the date of TUPE transfer on 10 November 2023. By 7 May 2024 the claimant had accrued holiday entitlement of .86 weeks. (5.6 ÷ 52 x 8 = .86) The claimant had taken 0 weeks holiday .86 x £263.50 = £226.61 (Credit to be given for £19.79 paid to the claimant by the Second Respondent).[11]Redundancy payment: 1 x £263.50 = £263.50[12]The Second Respondent may have made inaccurate payments to the claimant Case Number: 3305410/2024 3 due to being provided with inaccurate information by the First Respondent’s liquidators. The First Respondent’s name is corrected under Rule 67 Employment Tribunal Procedure Rules 2024. Approved by: