Miss Heidi Jerrard v Caterham Ex Servicemens and Social Club Limited — 2021

At the hearing on 7 September 2021, Employment Judge Abbott sitting alone found that the respondent had failed to pay the claimant’s holiday entitlement and had made an unauthorised deduction from her wages. Written reasons issued on 11 October 2021 were limited to the calculation of the sums payable, after the parties could not agree quantum and the tribunal determined the figures on paper from the claimant’s emailed submissions and the bundle.

On holiday pay, the tribunal found that the claimant was entitled to statutory minimum holiday pay for the period 22 March to 4 July 2020, calculated on a pro rata basis as 1.6 weeks. Using regulation 16 of the Working Time Regulations 1998, the tribunal assessed the claimant’s average weekly hours over the 52 weeks before the unpaid period by reference to 194.5 hours worked, giving an average of 3.74 hours per week, and an average hourly rate of £8.49. That produced holiday pay of £50.80.

On the wages claim, the tribunal considered furlough payments for the same period. It recorded that the claimant’s email of 15 September 2021 showed she did not pursue a claim in relation to furlough wages from 27 April 2020 onwards, but it nevertheless quantified the shortfall by reference to the figures in the bundle and the claimant’s own assumption that £30.02 was the correct weekly gross furlough payment. On that basis, the tribunal calculated total furlough payments due at £446.01, against £380.66 actually paid, leaving a shortfall of £65.35. The respondent was ordered to pay that sum as an unauthorised deduction from wages.