Case 6009246/2025 · Employment Tribunal
Mr Marius Lupu v Fusion Foods Ltd (In Creditors Voluntary Liquidation) and 1 other — 2025
- Case reference
- 6009246/2025
- Decision date
- 28 November 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Midgley Representation
- Venue
- Bristol
Parties
3 namedClaimant
Mr Marius Lupu
Key findings
Tribunal's reasoningMr Marius Lupu brought claims of race discrimination, unauthorised deductions from wages, and breach of contract for notice pay against Fusion Foods Ltd (in creditors voluntary liquidation), with the Secretary of State for Business and Trade joined as second respondent. The matter was heard at Bristol on 28 November 2025 before Employment Judge Midgley. The claimant appeared in person; the respondents did not attend and were not represented. The claimant had received payments from the National Insolvency Fund in respect of wages and notice pay, which the Tribunal took into account.
The race discrimination claim was dismissed on the claimant's withdrawal. The Tribunal found the unauthorised deductions claim to be well-founded and ordered the respondent to pay £747.10 gross, being the balance of January wages after credit for partial employer payment and the National Insolvency Fund payment. The breach of contract claim for notice pay was also well-founded; the respondent was ordered to pay £270.08 net, being the balance of the claimant's two-week statutory notice entitlement after credit for the Fund's notice pay payment.
The Tribunal recorded that holiday pay had been paid by the Redundancy Payments Service. The Judge corrected calculations of his own motion under Rule 67 to express unpaid wages as a gross figure and notice pay as a net figure, and to account for inclusion of holiday pay in the January payslip.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Race discrimination claim was dismissed upon its withdrawal by the claimant. | Withdrawn | Race | — |
| Unlawful deduction from wages | Unauthorised deductions from wages claim succeeded. The respondent ordered to pay £747.10 gross, being the balance owed for January 2025 wages after accounting for partial payment by the employer and a payment from the National Insolvency Fund. | Upheld | — | £747 |
| Breach of contract | Breach of contract claim for notice pay succeeded. The respondent ordered to pay £270.08 net, being the balance of two weeks' notice pay after accounting for the National Insolvency Fund notice pay payment. | Upheld | — | £270 |
Remedy
Monetary award- Total award
- £1,017
- across all upheld claims
Legal tests applied
1 reference- Rule 67 Employment Tribunal Procedure Rules 2024
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.
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