Miss Joanne Cooper Miss Timea Gondosch v Gurleen Enterprise Ltd — 2021

The tribunal found that Joanne Cooper started work on 16 January 2020 and that Timea Gondosch began paid training in December 2019 before working in the café. No written contracts or written particulars of employment were provided. When lockdown began in March 2020, the tribunal found that the parties agreed both claimants would be furloughed, supported by text messages. The reasons record TG as starting paid training on 12 December 2019, while paragraph 55 refers to 16 December 2019.

The tribunal found that both claimants remained employed through April and May 2020. The respondent reopened the café as takeaway only on 16 May 2020 and later said HMRC had rejected the furlough claim. On 10 to 12 June 2020, after a meeting with Timea Gondosch, the respondent sent P45s showing leaving dates in March; the tribunal found that sending the P45s dismissed both claimants without notice on 12 June 2020. Timea Gondosch's unfair dismissal claim was withdrawn at the hearing after she accepted that she had less than two years' service.

The tribunal held that pay arrears, holiday pay and notice pay were well founded. It awarded Joanne Cooper £1,193.28 for furlough-period pay arrears and £1,323 for accrued but untaken holiday, and Timea Gondosch £1,980 and £2,561 for the same heads. It also held that, because neither claimant had a written contract or written particulars, each was entitled to reasonable notice under s.86 ERA 1996 and made a further award under s.38 Employment Act 2002. The final orders were £2,742.28 to Joanne Cooper and £4,916.00 to Timea Gondosch.