In person For the v Ms D Spencer, Finance Director — 2021

The tribunal found that the claimant's holiday entitlement under contract included an extra birthday day, and that she had accrued 13.6 days' leave in the relevant period. It rejected her evidence that she had continued working in May 2020 and accepted the respondent's evidence that she was on furlough and had booked annual leave for 4 to 11 May 2020 and 18 to 22 May 2020. On that basis, the tribunal held that 11 days of leave had been taken and that 2 days remained outstanding on termination, for which it awarded £192.30 gross.

On resignation, the tribunal found that the claimant sent an email on 26 May 2020 giving 31 July 2020 as the resignation date. It held that her contract entitled her to one month's notice, that the respondent had not paid that notice pay, and that she was entitled to £2,083 gross for that month. The tribunal noted that tax and National Insurance would need to be deducted from that sum.

The tribunal also considered the claimant's referral payment claim relating to Dan Laming under a referral scheme dated 4 April 2019. It found that the scheme provided staged payments but that all payments were at directors' discretion, that the claimant had already received the earlier referral payments, and that Mr Laming had not completed 18 months' employment by the time of the claimant's resignation. The final £2,000 was therefore not payable and that claim was dismissed. The remaining holiday and commission-type claims beyond the sums awarded were dismissed.