V Navickaite v French Sole Wholesale Ltd: 6022813/2024
JUDGMENT
[1]Under rule 35 the name of the respondent is amended (by substitution) from ‘French Sole Ltd’ to ‘French Sole Wholesale Limited’.[2]The Claimant’s claim for unpaid wages is well founded, and the Tribunal orders the Respondent to pay £1,368.87 less any required deductions, for which it should account to HMRC, to the Claimant, within 14 days of the date of this judgment is sent to the parties.REASONS
[1]The claimant commenced employment with ‘French Sole Ltd’ on 15 July 2024. I find that that was the legal entity that employed her (company number 12091982).[2]On 06 September 2024 the claimant’s employment ended. She received a payslip for the last period, but was not paid the amount of £1,368.87.[3]Following a period of early conciliation between 27 September 2024 and 08 November 2024, on 21 December 2024 the claimant presented an ET1 to the tribunal for her unpaid wages.[4]The Respondent has failed to present a defence to the claim. Notice of today’s hearing was sent to two addresses. One was care of Myles Bunyard (a director of both French Sole Ltd and French Sole Wholesale Ltd) at the registered address of French Sole Wholesale Ltd.[5]The day before the hearing Mr Bunyard emailed to say that the company that ‘they’ (the case was listed with another claimant’s case) were employed by is now in liquidation.[6]This was considered by EJ Burns as an application to postpone, which was refused.[7]I am satisfied on the evidence that I heard from the claimant that she is owed the money as alleged.[8]In relation to the question of who her employee is, although her payslip for September 2024 was in the name of French Sole Ltd (which, as I shall set out below had changed its name from the time when the claimant was employed), I find that she remained employed by the same legal entity that employed her orginally (company number 12091982).[9]That company had changed its name on 27 August 2024 from ‘French Sole Ltd’ to ‘French Sole Wholesale Limited’, which is the name it retains today.[10]For completeness, the history of the name of this company (12091982) is as follows:• 07 Sep 2020 – 10 January 2024 French Sole Wholesale Ltd• 10 January 2024 FS (Maddox) Ltd• 10 January 2024 -27 August 2024 French Sole Ltd• 27 August 2024 to date French Sole Wholesale Ltd[11]There is a company that is related, that is in liquidation (as of April 2024), namely FS (Maddox Ltd) – 10701411.[12]The history is that company number 10701411 has had the following names:• 04 February 2020 – 11 May 2021 French Sole Holdings Ltd• 11 May 2021 – 10 January 2024 French Sole Ltd• 10 January 2024 FS (Maddox) Ltd[13]It therefore appears that on 10 January 2024, company 10701411 changed its name from French Sole Ltd to FS (Maddox) Ltd, and subsequently went into liquidation. Meanwhile, on the same day, 12091982 changed its name three times from French Sole Wholesale Ltd to FS (Maddox) Ltd, then to F S Wholesale Ltd and finally to French Sole Ltd. On 27 August 2024 it changed its name again back to French Sale Wholesale Ltd.[14]There is a company now called ‘French Sole Ltd’ (09426376). That company was known previously (and at the time that the claimant was employed) as Taylor Blake Limited from 06 February 2015 until 27 August 2024.