Case 2400579/2020 · Employment Tribunal
(1) Mr J Penswick (2) Mrs J Smith (3) Miss A Lynch (4) Miss C Sutton (5) Miss J Aspinall (6) Mr M Eaves (7) Miss M Topping (8) Mr W Vine v Bite Club LLSA Limited (in voluntary liquidation) — 2020
- Case reference
- 2400579/2020
- Decision date
- 5 May 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Benson Representation
- Venue
- Liverpool
Parties
2 namedClaimant
(1) Mr J Penswick (2) Mrs J Smith (3) Miss A Lynch (4) Miss C Sutton (5) Miss J Aspinall (6) Mr M Eaves (7) Miss M Topping (8) Mr W Vine
Key findings
Tribunal's reasoningAt the hearing on 19 March 2020 in Liverpool, before Employment Judge Benson and with no attendance by the respondent, the tribunal held that the correct respondent was Bite Club LLSA Limited (in voluntary liquidation). It dismissed the claims against any other respondents.
The tribunal found that the respondent had made unauthorised deductions from the wages of the claimants and ordered payment of the amounts set out in the judgment. The quantified awards for those wage claims, together with the separate notice and holiday awards, totalled £23,755.31 on the figures listed in the judgment, excluding Mr Vine's holiday amount because that was not yet quantified.
Mr J Penswick and Mrs J Smith also succeeded on breach of contract in respect of notice and were awarded net damages of £692.30 and £332.50 respectively. Mr J Penswick separately succeeded on holiday pay and was awarded £692.30 gross for five days' holiday. The tribunal found that Mr W Vine had 19 days' holiday entitlement unpaid, but the amount was left to be determined. The written record states that reasons were given orally and that written reasons would not be provided unless requested.
Claims and outcomes
12 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Mr J Penswick: arrears of wages from 1 October 2019 to 24 January 2020 (£11,769.10) plus deductions purported to be for pension (£795.69). Notice and holiday were awarded separately. | Upheld | — | £12,565 |
| Breach of contract | Mr J Penswick: dismissed in breach of contract in respect of notice; net notice damages of £692.30. | Upheld | — | £692 |
| Holiday pay | Mr J Penswick: holiday entitlement of 5 days at £138.46 per day; gross award of £692.30. | Upheld | — | £692 |
| Unlawful deduction from wages | Mrs J Smith: arrears of wages from 1 October 2019 to 22 January 2020 (£5,564.63). Notice was awarded separately. | Upheld | — | £5,565 |
| Breach of contract | Mrs J Smith: dismissed in breach of contract in respect of notice; net notice damages of £332.50. | Upheld | — | £333 |
| Unlawful deduction from wages | Miss M Topping: arrears of wages for October and November 2019 (£596.95). | Upheld | — | £597 |
| Unlawful deduction from wages |
Remedy
Monetary award- Total award
- £23,755
- across all upheld claims
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.