(1) Mrs B Davies (2) Miss M Davies v RB Hotels (Marford) Ltd — 2022

The claimants were front of house staff at the respondent's pub. They were hourly paid, had no written contracts and never received itemised pay statements. Both resigned on 25 April 2021 after wages and furlough pay stopped in mid-April 2021, and they later relied on HMRC information showing furlough sums had been reported but not paid.

On the wages claim, the tribunal accepted the claimants' unchallenged evidence that April 2021 furlough pay had not been paid. It found an unauthorised deduction from wages and awarded £529.04 to the first claimant and £637.58 to the second claimant.

On holiday pay, the tribunal accepted that the first claimant had not been paid for holidays taken and that the second claimant had only been paid for two isolated weeks of holiday in October 2019 and February 2020. Applying King v Sash Window Workshop Ltd, Kreuziger, Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV v Shimizu, Smith v Pimlico Plumbers, and the Working Time (Coronavirus) Amendment Regulations 2020, it held that both claimants were entitled to payment in lieu of untaken leave on termination. It awarded £1,524.60 to the first claimant and £1,541.00 to the second claimant.

For pay statements, the tribunal found that neither claimant had been provided with itemised pay slips as required by section 8 ERA 1996 and made a declaration to that effect. No award was made on that issue.