Case 8000976/2024 · Employment Tribunal
Ms S Kwok v China Café Ltd — 2024
- Case reference
- 8000976/2024
- Decision date
- 11 September 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge A Jones
Parties
2 namedClaimant
Ms S Kwok
Respondent
Key findings
Tribunal's reasoningMs S Kwok lodged her claim on 4 July 2024, saying that she was owed unpaid wages in respect of notice pay and holiday pay and that she had been unfairly dismissed. No response was received from China Café Ltd and the case was listed for a final hearing. Before the hearing, the Employment Judge checked Companies House and noted that the respondent had been dissolved on 16 July 2024, so the tribunal explained that a claim against the company could not proceed unless it was reinstated in the Ordinary Courts.
The tribunal also noted that the claim had been presented more than three months after the claimant's employment ended. The claimant said she had tried to discuss matters with the respondent and that her P45 stated her employment ended on 2 April, but the judge was not persuaded that this made it not reasonably practicable to present the claim in time. The judge recorded the claimant's last day of work as 24 January 2024, but did not need to decide the limitation issue because the claim could not go forward in any event.
On the unfair dismissal claim, the tribunal held that the claimant did not have sufficient service for jurisdiction. Because the respondent had been dissolved, the tribunal did not determine the merits of the notice pay, holiday pay, or unfair dismissal complaints and made no monetary award. The judge suggested that the claimant might wish to contact the Government Redundancy Payment Service or seek advice on other ways to recover any unpaid wages.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Claim for unpaid notice pay. The tribunal held it had no jurisdiction because the respondent company had been dissolved on 16 July 2024; the claimant would need to seek reinstatement in the Ordinary Courts to proceed. | Other | — | — |
| Holiday pay | Claim for unpaid holiday pay. The tribunal held it had no jurisdiction because the respondent company had been dissolved on 16 July 2024; the claimant would need to seek reinstatement in the Ordinary Courts to proceed. | Other | — | — |
| Unfair dismissal | The tribunal held that the claimant did not have sufficient service for an unfair dismissal claim. It also noted that the claim was presented more than three months after termination, with the claimant's last day of work recorded as 24 January 2024, but did not need to decide that issue because the claim could not proceed. | Other | — | — |
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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