Mr K Khaku v Meadowhead Physiotherapy Ltd (in voluntary liquidation) HELD by CVP — 2021

The claimant, Mr K Khaku, worked for Meadowhead Physiotherapy Ltd from 9 March 2020 until 27 July 2020 as a physiotherapist on £25,000 per year. He was told on 24 March 2020 that he would be put on furlough, but on 20 April 2020 he was told he was not eligible. The tribunal found that he received no payment between 22 March 2020 and 27 July 2020, although from 3 July 2020 he did some self-employed work for 4 or 5 hours a week while still regarding himself as employed.

The tribunal upheld the unauthorised deduction of wages claim. It found that the relevant daily gross wage was £68.50 and that 128 days of non-payment had occurred, producing an award of £8,768 gross. It also made a declaration under section 24 Employment Rights Act 1996 in respect of the unauthorised deduction claim.

The holiday pay claim was also upheld. The tribunal found that the claimant had accrued 11 days of holiday between 9 March 2020 and 27 July 2020 and had taken none, at a daily rate of £96.15 gross, giving £1,057.65 gross. Although the holiday pay point had not been particularised on the claim form, the tribunal allowed the claim to be amended because the respondent had not entered a response, was in voluntary liquidation, and was not represented.

On notice pay, the tribunal found that the claimant resigned because of the respondent's conduct, that he did nothing to affirm the contract, and that there was a constructive dismissal for this purpose. It therefore held that notice pay was due under the contract in the sum of £2,083.33 gross, giving a grand total award of £11,908.98 gross.