Ms B. Garcia Ulloa v Pridegreen Limited London Central Remote Hearing (CVP) — 2021

This was a claim by Ms B. Garcia Ulloa for underpayment of wages and unpaid holiday pay while on furlough in 2020. She was employed by Pridegreen Limited as a chambermaid at the London Elizabeth Hotel, with an annual salary of £13,728. Her normal pay was £1,144 gross per month. The holiday year ran from January to December, she had carried over one week of holiday from 2019, and she took booked holiday from 8 to 24 March 2020 after working up to 7 March.

The respondent initially calculated furlough pay by reference to March 2020 earnings, but during the hearing accepted that furlough should have been calculated on 80% of the claimant's normal gross pay. The only issue left in dispute was holiday pay. The tribunal accepted the claimant's evidence that she had worked until 7 March in the absence of contrary evidence from the respondent, and held that she was entitled to normal pay from 1 to 24 March and 80% pay from 25 to 31 March.

On that basis, the tribunal calculated that the claimant should have been paid £1,092.33 for March 2020, but received £573.88, giving a shortfall of £518.45. For April 2020 to January 2021 inclusive, the tribunal found she was entitled to £915.20 per month but received £490.28, leaving a shortfall of £424.92 per month, or £4,249.20 in total. The tribunal therefore held that the respondent made unauthorised deductions from wages and awarded the claimant £4,767.65.

The tribunal also found that the claimant had 33 days' annual leave for 2020, less 8 days taken in March, so 25 days rolled over to 2021 to be taken or paid later. It recorded that the furlough arrangement operated under the Coronavirus Job Retention Scheme, and that annual leave under the Working Time Regulations 1996 attracted full pay rather than 80% furlough pay.