Mr C Marshall v Brighton Kitchen Management Ltd — 2020

The tribunal proceeded on agreed facts and documentary material only. Mr C Marshall worked as a head chef at the Bath Arms from 31 August 2020. On 18 October 2020 he was told his services were no longer required there, and he was offered alternative work on lower pay and part-time hours, which he did not accept. The tribunal found that his employment was not dismissed at that point and continued until 29 November 2020, when he was not recalled after furlough ended.

By consent, Brighton Kitchen Management Ltd agreed to pay £69.02 in outstanding wages and £49.50 in expenses, and those sums were awarded without determination of the merits. On the annual leave issue, the tribunal found that Mr Marshall had accrued 7 days of untaken leave during his short employment and that the correct payment in lieu was £753.83 gross, calculated at a daily rate of £107.69.

The respondent argued that two weeks' wages paid for the period after removal from the Bath Arms should offset the holiday entitlement. The tribunal rejected that argument. It held that the claimant retained his contractual wage entitlement until the employment ended, that annual leave under regulation 14 of the Working Time Regulations 1998 remained outstanding at termination, and that the earlier wages payment could not be used to extinguish the separate holiday pay entitlement. The tribunal also noted that interest was not recoverable on the basis claimed in the Employment Tribunal.