Miss K Healy v Start People Limited Heard: Remotely (by video link) — 2021

Miss Healy worked for Start People Limited from 25 February 2020 until 31 July 2020 on a single assignment with an end client. The respondent is an agency supplying staff. The claimant signed a standard contract described as a contract for services for temporary workers, and the tribunal recorded that the parties were largely in agreement on the material facts. She worked 20 days for the end client, was furloughed on the client’s request from 24 March 2020, and was paid holiday pay for the period she had actually worked but not for the period from 25 March 2020 to 31 July 2020.

The respondent relied on government guidance and a solicitor’s article to argue that the claimant was not entitled to holiday pay during furlough. The tribunal found that the key issue was not whether the contract required holiday pay between assignments. On the facts presented, the claimant’s assignment at the end client had not ended when she was placed on furlough, so the tribunal did not need to determine status or entitlement between assignments for the purpose of resolving the claim.

Using the furlough dates in the government calculator, the tribunal found that the claimant had accrued 10 days’ leave during the relevant period. The claimant accepted that figure and accepted a daily rate of £65. The tribunal therefore held that the claim for unauthorised deduction of wages, based on unpaid holiday pay, was well-founded and ordered payment of £650 before tax and National Insurance deductions.