(1) Mrs Susan Wilkinson (2) Mrs Patricia Clark v Jackdaw Capital Limited (In Voluntary Liquidation) — 2021

The claimants brought claims presented on 9 March 2021 against their former employer for unlawful deductions from wages. The respondent had gone into voluntary liquidation on 2 March 2021 and did not respond to the proceedings, even after the Tribunal postponed the original hearing date to allow for re-service at the new registered office.

The Tribunal heard evidence from the two claimants. It found that, towards the end of their employment on 10 November 2020, they did not receive payslips at the time, although each later received a final payslip in November 2020. The Tribunal accepted that the figures set out by the claimants showed that the full amounts stated on the payslips were not paid.

The Tribunal noted that the payslips included holiday pay elements. In Mrs Wilkinson's case the holiday pay element was £235.57, which she received. In Mrs Clark's case the holiday pay element was also £235.57, and she received £242.95. The Tribunal held that the holiday pay claims had been paid and that the remainder of each shortfall was recoverable as an unlawful deduction from wages.

Judgment was entered for Mrs Wilkinson in the sum of £514.09 and for Mrs Clark in the sum of £502.18, both stated to be gross sums subject to deduction and accounting for any tax and national insurance due. The Tribunal noted that, because the respondent was in voluntary liquidation, the claimants would stand as unsecured creditors and could apply to the Secretary of State for payment from the National Insurance Fund.