Mr S Currie v Park House 20 Ltd — 2021

Employment Judge G Cawthray heard the case by video on 26 April 2021 after refusing the respondent's late application to postpone. The tribunal found that Mr S Currie was employed by Park House 20 Ltd from 6 February 2020 as an Assistant Manager and was working under the written contract, even though he did not sign it until 18 March 2020. The respondent's case that there was no valid contract because the contract had not been signed was rejected.

The tribunal found that Mr Currie last attended work on 17 March 2020 and was sent home when the restaurant would not open. It accepted that the 25 March 2020 email indicated that staff would be paid when government scheme monies were received, but found that no written furlough agreement was made and that the employment was not terminated on 31 March 2020. The tribunal accepted Mr Currie's account of the 1 April 2020 call and found that he remained employed until 14 May 2020, when he treated the relationship as having broken down. It also found that no notice payment was due because he had not been dismissed and had not given notice of resignation.

The tribunal held that Mr Currie was owed wages for March 2020, April 2020, and 1 to 14 May 2020, totalling £4,226.93, and that this was an unauthorised deduction from wages. It also found that he had accrued 2.12 days of holiday by 14 March 2020 and was owed £171.23 for untaken leave on termination. Separately, the tribunal declared that the respondent had failed to provide itemised pay statements under section 8 ERA 1996 and, because the payslips were provided only after the ET1 and contained errors and unnotified deductions, ordered a further £287.27 under section 12(4) ERA 1996.