Miss M Towers v Adliz Leisure Limited — 2021

The claimant, Miss M Towers, worked for Adliz Leisure Limited at the Jolly Hatters public house as a part-time member of bar staff. The respondent did not enter a response and did not attend the CVP hearing, so the tribunal proceeded in its absence after being satisfied that the claim had been properly served and that the respondent had notice of the hearing.

The tribunal accepted the claimant’s evidence about the furlough arrangements during the first Covid lockdown. It found that although there was no written furlough agreement, the claimant had agreed to be paid £68.46 per week to stay at home. The claimant had in fact received £230 and then two further payments of £68.46, totalling £366.92.

On that basis, the tribunal found that the wages properly payable under the verbal agreement were £958.44 and that the respondent had made an unauthorised deduction of £591.42 from the claimant’s wages. It ordered the respondent to pay that net sum to the claimant, with the judgment noting that tax and national insurance should be accounted for if not already done.

The tribunal also found that the claimant had never been provided with a written statement of employment particulars as required by s.1 Employment Rights Act 1996. Applying s.38 Employment Act 2002, and finding no reason not to make the award, it granted the higher additional award of four weeks’ pay at £68.46 per week, amounting to £273.84.