In person For the v Mr Robbins (Director) — 2021

The tribunal heard the case on 30 September 2021 before Employment Judge Webster. The claimant, a driver employed from 14 December 2018 to 18 September 2020, claimed unpaid holiday pay, unpaid wages and a furlough shortfall. There was no bundle, but the tribunal heard sworn evidence from both parties and had a witness statement from Mr Robbins. Because the claim was issued before termination, the tribunal said it could deal with the holiday-pay and wages issues only as unlawful deduction from wages claims under s.13 ERA 1996, not as breach of contract claims. It also recorded that the contract allowed 20 days' annual leave plus 8 bank holidays, which it said was commensurate with 5.6 weeks under the Working Time Regulations 1998.

On the holiday-pay and unpaid-wages issues, the tribunal accepted the respondent's September 2020 payslip evidence. It found that the claimant had been paid £912 for 9.5 days' holiday pay and £384 for 32 hours at £12 per hour, and it accepted that these payments were intended to cover the one day's holiday pay and the unpaid shift said to be due earlier in the year. The tribunal said the payments had been made late, but concluded that the claimant had now been paid the sums owed and did not uphold those claims.

On the furlough issue, the tribunal accepted the respondent's evidence that May 2020 furlough pay was calculated by reference to the claimant's corresponding 2019 earnings in line with the CJRS rules. It found that the May 2020 payment of £2,419.65 was slightly above 80% of the May 2019 reference salary and that the June 2020 payment reached the £2,500 cap because the June 2019 reference figure was higher. The tribunal rejected the claimant's contention that he was entitled to the cap in every month and found there was no shortfall of £31.99 in May 2020.