Case 2410568/2019 · Employment Tribunal
Miss A Mullan & Others (see attached schedule) v Soundbars Ltd — 2021
- Case reference
- 2410568/2019
- Decision date
- 22 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dunlop Date
Parties
2 namedClaimant
Miss A Mullan & Others (see attached schedule)
Respondent
Key findings
Tribunal's reasoningThis was a Rule 21 paper determination because the respondent did not present a response. The claims concerned employees of Soundbars Ltd, trading as George's Bar and Kitchen, which opened on 24 June 2019 and closed on 24 July 2019. The tribunal found that the front-of-house staff were paid only up to 14 July 2019, the kitchen staff were paid for June but not for 1-24 July, and none of the staff were paid notice pay, accrued holiday pay or redundancy payments. A letter dated 24 July 2019 from Mr Steven Mealor said the business had ceased trading with immediate effect and would be unable to pay remaining wages, notice or holiday pay.
Miss Patrycja Farcinkiewicz did not respond to correspondence, and the tribunal said it had no information on which to assess sums owed, so her claim was struck out in full. The redundancy payment claims by the other claimants were dismissed because none had the two years' service required for redundancy pay.
For Miss Mullan, the tribunal awarded £720 gross unpaid wages for 72 hours worked between 15 and 24 July, £300 gross notice pay, and £140 gross holiday pay for 14 hours accrued but untaken. For Miss Hey, it awarded £680.59 gross unpaid wages, £369.45 gross notice pay, and £172.38 gross holiday pay; the tribunal said her 28-day holiday calculation was mistaken and reduced it to 2.33 days.
For Mr Simpson, the tribunal awarded £1,658.34 gross unpaid wages, made up of £1,480.50 unpaid wages at the end of employment and £177.84 for a national minimum wage shortfall in the first week, plus £423.08 gross notice pay and £211.53 gross holiday pay. For Mr Watts, it awarded £1,888.71 gross unpaid wages, made up of £1,749.83 unpaid wages and £138.88 for a national minimum wage shortfall, plus £500 gross notice pay and £250 gross holiday pay. Mr Ashworth was awarded £344.82 gross unpaid wages; the tribunal accepted his calculation in the absence of a response from the respondent. The total award recorded was £7,658.90 gross.
Claims and outcomes
15 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The judgment does not specify the substantive heads of claim in Miss Patrycja Farcinkiewicz's case; it was struck out in full after she did not respond and no information was available to assess sums owed. | Struck out | — | — |
| Redundancy | The redundancy payment claims by the other claimants were dismissed because none had the two years' service needed for redundancy pay. | Dismissed | — | — |
| Unlawful deduction from wages | Miss Mullan: unpaid wages for 72 hours worked between 15 and 24 July 2019. | Upheld | — | £720 |
| Breach of contract | Miss Mullan: one week's notice pay based on her average hours in previous weeks. | Upheld | — | £300 |
| Holiday pay | Miss Mullan: 14 hours of accrued but untaken holiday pay. | Upheld | — | £140 |
| Unlawful deduction from wages | Miss Hey: underpayment for just under 83 hours worked; the tribunal accepted her calculation. | Upheld | — | £681 |
| Breach of contract | Miss Hey: one week's notice pay at 45 hours x £8.21. |
Remedy
Monetary award- Total award
- £7,659
- 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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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.
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