Mr S I Kapetanakis v Historical Souvenirs Ltd — 2020

Mr Kapetanakis brought a claim that included unfair dismissal, a claim for furlough-related money, and a claim for notice pay. The tribunal heard oral evidence from the claimant and Mr Frotan for the respondent, but no written witness statements or relevant documents had been provided as directed. It found that the claimant had started work on 1 June 2019, was paid £850.03 net per month, and that the employment ended in late March 2020 after the respondent had ceased trading in one shop during the pandemic and a P45 was sent by WhatsApp.

The unfair dismissal complaint was dismissed because the claimant did not have two years' qualifying service. The tribunal recorded that the claimant had said he was seeking compensation and that there had been discussion about furlough, but it held that any dispute about the claimant's HMRC account did not determine liability in the tribunal.

The breach of contract claim succeeded. The tribunal accepted that the parties had verbally agreed a two-week notice period and found that the claimant had not been paid notice money. On the figures accepted by the tribunal, the claimant's weekly net pay was £196.16, so damages of £392.32 were awarded for two weeks' notice. The tribunal also dismissed the separate furlough-money claim, holding that there is no legal right to be furloughed and that the respondent could not be made liable on that basis.