Mr F Venosi v UKRO Ltd — 2020

The hearing was conducted by video. The respondent did not attend and had not served a response. The claimant gave sworn evidence. The tribunal accepted that the claimant was employed as bar staff from 20 December 2019 to 11 July 2020, on an offer letter stating average pay of £10.50 per hour on a 45-hour week contract. It also accepted that he was furloughed from 7 April 2020 on the basis of a signed letter. The claimant did not pursue the unfair dismissal claim.

The tribunal allowed an amendment to add holiday pay, applying the principles in Selkent Bus Company Limited v Moore [1996] ICR 836. It found that allowing the amendment would not cause hardship or injustice to the respondent, which had not engaged with the proceedings, whereas refusing it would deprive the unrepresented claimant of the chance to pursue a claim for a remedy.

On furlough pay, the tribunal accepted HMRC records showing seven furlough payments of £689.16 gross should have been made. It accepted the claimant's evidence and the contemporaneous correspondence with respondent staff as showing that three further furlough payments had not been made, and it ordered payment of £2,067.48 gross. On holiday pay, it accepted the claimant's evidence that he had taken no holiday and used a 45-hour week calculation based on the contract and available payslips, awarding £1,189.80 net for accrued but untaken annual leave.

On notice pay, the tribunal accepted that the termination date was 11 July 2020, that no express notice was given, and that no notice payment was made. It found the claimant was entitled to one week's statutory notice and awarded £378.71 net for breach of contract.