Ms A-E Boros v CL 14 Ltd, trading as Tish Bar and Restaurant — 2020

Ms A-E Boros worked for CL 14 Ltd from 11 February 2019 until her resignation with effect from 17 August 2020. She brought claims for unlawful deduction from wages and for payment in lieu of untaken holiday entitlement. On the wages issue, she said she had not been paid for 29 hours worked between 25 and 28 February 2019, amounting to £304.50 at £10.50 per hour. The tribunal preferred the documentary evidence and found that she had in fact been paid for that period on 15 March 2019, so the unlawful deduction complaint failed.

On holiday, the tribunal accepted that the claimant was entitled to 18 days' holiday during the relevant part of the 2020 holiday year. It found that clause 5 of the contract, which the claimant accepted by continuing to work after receiving it, allowed the respondent to require holidays at certain times and varied the ordinary requirements of reg. 15 of the Working Time Regulations 1998 by agreement. The respondent's letter of 18 March 2020 required 23 days' holiday during furlough. The claimant objected to other proposed terms in that letter, but the tribunal found that separate consent to the holiday requirement was not needed.

The tribunal held that the claimant was paid in full during furlough and that the fact her payslips did not specifically refer to holiday was not material. Because 23 days had been taken or paid and that exceeded the 18 days to which she was entitled in the period under consideration, no further payment in lieu of untaken holiday was due. Both claims were therefore dismissed.