Case 1402406/2020 · Employment Tribunal
Ms L Gillett v Devon Pubs Ltd — 2020
- Case reference
- 1402406/2020
- Decision date
- 14 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Matthews Representation
- Venue
- Plymouth
Parties
2 namedClaimant
Ms L Gillett
Respondent
Key findings
Tribunal's reasoningMs L Gillett brought claims against Devon Pubs Ltd for unpaid wages under section 23 of the Employment Rights Act 1996 and for holiday pay under regulation 30(1) of the Working Time Regulations 1998. The respondent had not presented a response and did not attend the hearing before Employment Judge Matthews in Plymouth on 11 September 2020.
The tribunal found the wages claim well founded. It recorded that the claimant had not been paid from March 2020 to the end of August 2020, when she found other work. For April to June 2020, she had agreed to accept 80% of her pay as a furlough arrangement. On the tribunal's calculation, pay for March, July and August 2020 was £4,095, pay for April to June 2020 was £3,276, and a week's pay in hand was £315, giving £7,686 before deduction of £1,250 already paid on account. That left £6,436 owing.
The tribunal also found the holiday pay claim well founded. It held that the claimant was owed 91.8 hours of holiday pay, made up of 61.2 hours at the normal hourly rate of £9 and 30.6 hours at the furlough rate of £7.20. That produced a holiday pay award of £771.12.
The tribunal ordered the respondent to pay £7,207.12 in total, being the sum of the unpaid wages balance and the holiday pay. It directed that any lawful deductions for income tax or national insurance would count as payment of the order to that extent, and that in the absence of evidence to support any deduction the gross amount would remain due under the judgment.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim under section 23 Employment Rights Act 1996. The tribunal found wages were unpaid from March 2020 to the end of August 2020, subject to the claimant's agreement to accept 80% pay for April to June 2020 as a furlough arrangement. From the gross wages calculation of £7,686, £1,250 already paid on account was deducted, leaving £6,436. | Upheld | — | £6,436 |
| Holiday pay | Claim under regulation 30(1) of the Working Time Regulations 1998 for pay due under regulation 14(2). The tribunal found 91.8 hours of holiday pay due, calculated as 61.2 hours at £9 and 30.6 hours at £7.20, totalling £771.12. | Upheld | — | £771 |
Remedy
Monetary award- Total award
- £7,207
- across all upheld claims
Legal tests applied
3 references- section 23 Employment Rights Act 1996
- regulation 30(1) Working Time Regulations 1998
- regulation 14(2) Working Time Regulations 1998
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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