Ms E Page v Devon Pubs Ltd — 2020

The respondent did not present a response and did not attend the hearing before Employment Judge Matthews at Plymouth on 11 September 2020. The tribunal therefore determined the claim on the evidence available and found that the claimant's claim under section 23 of the Employment Rights Act 1996 for unpaid wages was well founded.

The schedule of calculations records that the claimant had not been paid for March 2020 and three weeks of April 2020. It also records that the claimant was dismissed with effect from 25 April 2020 and that, for the three weeks in April 2020, she agreed to accept 80% of her pay as part of a furlough arrangement. On that basis the tribunal calculated £1,500 due for wages, less £1,250 already paid, leaving £250 outstanding.

The tribunal also found that the claimant's claim under regulation 30(1) of the Working Time Regulations 1998 for holiday pay under regulation 14(2) was well founded. The schedule of calculations states that 43 hours' holiday pay were owed, calculated at 35 hours at the normal hourly rate of £9 and 8 hours at the furlough rate of £7.20, producing £372.60.

The respondent was ordered to pay the claimant £622.60 in total. The judgment states that any lawful deduction for income tax, national insurance contributions or otherwise would count towards satisfaction of the order, and that in the absence of evidence to substantiate the lawfulness of a deduction the gross amount would be due.