Case 3201457/2023 · Employment Tribunal
Ms E Baker v 4 Food London Ltd (in compulsory liquidation) — 2023
- Case reference
- 3201457/2023
- Decision date
- 30 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Allen
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Ms E Baker
Key findings
Tribunal's reasoningMs E Baker's employment with 4 Food London Ltd ended on 6 July 2023 when the business failed. The tribunal found that she had not been paid for her last five days of work, her statutory notice pay, or nine days of accrued holiday entitlement. It quantified those sums at £650 gross for unpaid wages, £780 gross for unpaid notice pay, and £650 gross for accrued untaken holiday, giving a total of £2,080 gross.
The claim for a redundancy payment was dismissed because the claimant lacked the requisite two years' service to bring such a claim. The tribunal did not find any other claim dismissed on the merits. Instead, it recorded that the liquidators had notified the tribunal by email dated 13 November 2023 that they had been appointed on 10 October 2023 by court order.
Because the respondent was in compulsory liquidation, the tribunal held that section 130(2) of the Insolvency Act 1986 prevented the claim from proceeding against the company or its property except with leave of the court, so the monetary claims were stayed. It directed the joint liquidators, Lawrence John King and Matthew John Waghorn of K & W Recovery Ltd t/a Antony Batty & Co, to provide the claimant with CN and LN numbers so that she could apply to the Redundancy Payments Service.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Dismissed because the claimant lacked the requisite 2 years' service to bring a redundancy payment claim. | Dismissed | — | — |
| Unlawful deduction from wages | The tribunal found £650 gross unpaid wages due on termination, but the claim could not proceed and was stayed because the respondent was in compulsory liquidation under s.130(2) Insolvency Act 1986. | Other | — | £650 |
| Breach of contract | The tribunal found £780 gross unpaid notice pay due on termination, but the claim could not proceed and was stayed because the respondent was in compulsory liquidation under s.130(2) Insolvency Act 1986. | Other | — | £780 |
| Holiday pay | The tribunal found £650 gross accrued untaken holiday entitlement due on termination, but the claim could not proceed and was stayed because the respondent was in compulsory liquidation under s.130(2) Insolvency Act 1986. | Other | — | £650 |
Remedy
Monetary award- Total award
- £2,080
- across all upheld claims
Legal tests applied
2 references- requisite 2 years' service
- s.130(2) Insolvency Act 1986
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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