In person For the v Mr M Brown, Owner — 2021

The claimant, Miss Jessica Rendle, was the manager of the respondent's hair salon and resigned on 21 July 2020 after the salon had reopened following the covid-19 closure. The tribunal proceeded despite the parties' failure to comply with earlier case management directions, without a common paginated bundle or witness statements, and decided the case on the oral and documentary material that was available.

The claimant's final payslip, dated 5 August 2020, showed basic pay for 64.5 hours and furlough pay for the period before reopening, but also deducted overpaid holiday hours and a training allowance, leaving a negative gross figure and no pay for July 2020. The tribunal accepted the agreed evidence that the claimant's pre-pandemic weekly pay was £379.60 and that, for the three weeks from 1 to 21 July 2020, the starting point for hours worked was £1,138.80 gross.

The tribunal found that the respondent was entitled under clause 6.11 of the contract to deduct overpaid annual holiday pay. On the parties' agreed figures, 2.5 weeks of holiday had been overpaid, valued at £949 gross, leaving £189.80 gross due to the claimant. It rejected the respondent's attempt to deduct £395.20 for training costs because there was no specific receipt or other proof that the cost related to training provided to the claimant within the relevant contractual period. The tribunal therefore ordered the respondent to pay £189.80 gross.