Case 2501360/2023 · Employment Tribunal
Miss K Mullan v A1 Stockton Limited “In Voluntary Liquidation” — 2024
- Case reference
- 2501360/2023
- Decision date
- 6 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Arullendran Date
Parties
2 namedClaimant
Miss K Mullan
Key findings
Tribunal's reasoningThe case was decided under Rule 21 on the papers because the respondent, which went into creditors' voluntary liquidation on 30 October 2023, did not present a response. The claimant had submitted her ET1 on 2 June 2023 and later provided a questionnaire on 21 December 2023 setting out the amounts claimed for wages, notice pay and holiday pay. The tribunal therefore determined liability on the claimant's written evidence without a hearing.
The tribunal dismissed the redundancy payment complaint. It found the claimant was not entitled to a redundancy payment because she had not completed two years' continuous service at the relevant date, as required by section 155 Employment Rights Act 1996.
The tribunal upheld the complaint of unauthorised deduction from wages, finding that the respondent had made an unauthorised deduction in the period 15 March 2023 to 1 May 2023. It also upheld the breach of contract complaint in relation to notice pay. The holiday pay complaint was likewise upheld, with the tribunal finding that the respondent had failed to pay holiday pay in accordance with regulations 14(2) and 16(1) of the Working Time Regulations 1998.
The judgment directed that the amount of compensation would be decided at a remedies hearing, so no monetary award was fixed in this liability judgment.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal found the claimant was not entitled to a redundancy payment because she did not have two years' continuous service at the relevant date, as required by section 155 Employment Rights Act 1996. | Dismissed | — | — |
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages in the period 15 March 2023 to 1 May 2023. | Upheld | — | — |
| Breach of contract | The tribunal found the complaint in relation to notice pay to be well-founded. | Upheld | — | — |
| Holiday pay | The tribunal found the respondent failed to pay holiday pay in accordance with regulations 14(2) and 16(1) of the Working Time Regulations 1998. | Upheld | — | — |
Legal tests applied
3 references- section 155 Employment Rights Act 1996
- Regulations 14(2) and 16(1) of the Working Time Regulations 1998
- Rule 21 Employment Tribunals Rules of Procedure 2013
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.
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