Miss S Skinner v County Cars (2003) Limited FINAL HEARING — 2021

At the final hearing on 31 March 2021, Employment Judge Camp refused the respondent's applications to postpone the whole case. The tribunal dealt with the claimant's claims other than constructive unfair dismissal and wrongful dismissal, which were postponed and later stayed pending the claimant's election on whether to continue them.

The tribunal found that County Cars (2003) Limited had made unauthorised deductions from the claimant's wages. It ordered payment of £838.92 gross, made up of £784.80 for underpaid furlough pay for 6 April 2020 to 9 September 2020 and £54.12 for work done on 10 September 2020.

It also found that the respondent had failed to pay the claimant after employment ended for accrued but untaken annual leave, and awarded £415.34 under regulation 14 of the Working Time Regulations 1998. In addition, the tribunal found a breach of the duty to provide itemised pay statements between 6 April 2020 and 10 September 2020, noting that the statements should have shown pay at £200.56 gross per week for 6 April 2020 to 9 September 2020.

Because the respondent was in breach of section 4(1) of the Employment Rights Act 1996 when the proceedings began, the claimant was awarded an additional £589.14, described as two weeks' pay under section 38 of the Employment Act 2002. The total amount awarded for all claims determined at this hearing, excluding the postponed constructive unfair dismissal and wrongful dismissal claims, was £1,843.40.