Miss J Brammall (1404313/2020) Miss R Fletcher (1404933/2020) v Grubs Up — 2021

At the final hearing on 21 May 2021, the tribunal heard evidence from Ms Brammall, Ms Fletcher and Mr Irvine about payments owed when their employment ended. The tribunal found the material facts were largely undisputed, noted that no employment contracts, furlough agreements or holiday policies were produced, and recorded that the Respondent said payments made after dismissal came from furlough monies.

The tribunal rejected the Respondent's case that furlough money could be used to meet notice pay, redundancy pay or accrued but untaken holiday owed on dismissal. It held that those were obligations of the employer, found both claimants suffered an unlawful deduction from wages and a breach of contract, and noted that holiday pay had been paid at 80% rather than 100% before the Respondent accepted that error. It also held that furlough did not alter the employer's underlying obligations.

For Ms Fletcher, the tribunal accepted her figures for redundancy pay of £1,068.75, notice pay of £1,068.75 and holiday pay of £641.25, and recorded that she had already received £2,058.04 after dismissal. It therefore awarded the recorded shortfall of £720.21. For Ms Brammall, the tribunal found she was entitled to pay for a week worked in hand, notice pay and accrued holiday, but because there was no contract of employment her notice entitlement was limited to one week's pay rather than the four weeks she had claimed. It awarded £1,612.25 made up of £403.75 week in hand, £403.75 notice pay and £804.75 holiday pay, and said an earlier oral calculation had been £82.75 too low.