Mr John Meszaros Second Claimant: Mr Peter Davies v AS Theo Limited — 2024

The Respondent owned a store trading as Aroma where both Claimants worked. On 26 May 2023 the electricity was cut off and the Respondent was unable to operate the business. The parties agreed that wages were paid up to that date but no further payments were made. The Tribunal had to decide whether the contracts of employment were terminated on 26 May 2023 or continued, and whether the Claimants suffered an unauthorised deduction from wages thereafter.

The Tribunal found that no action taken by the Respondent between 26 May 2023 and 31 July 2023 was sufficient to amount to a termination of the Claimants' contracts of employment, and that the closure of the business was not permanent at that time (permanent closure occurring only in November 2023). The contracts therefore continued until 31 July 2023, when the First Claimant gave notice to terminate. The Claimants were available and willing to work during the intervening period, and accordingly suffered an unlawful deduction from wages, with each awarded the gross sum of £2,031.90.

The First Claimant's separate claim for holiday pay was dismissed. The Tribunal found that he had taken the 4.6 days of accrued annual leave during his booked holiday starting on 18 July 2023, while his contract was still subsisting, and there was no supporting evidence for any additional accrued but untaken leave.