Duabo Denni-Fibersma v Hills Bridge Services Ltd — 2022

The tribunal found that the claimant, Duabo Denni-Fibersma, worked for Hills Bridge Services Ltd even though his written contract stated Platinum Pay Ltd. It found that Platinum Pay Ltd was merely a payroll conduit and that the respondent was the real employer. The claimant had been furloughed from 27 March 2020, and although he was not paid until 4 June 2020, that period was treated as covering the start of furlough.

The tribunal accepted that the claimant was again furloughed on 6 January 2021 and that he was not paid after that date. It relied on an email of 3 February 2021 from the payroll manager stating that he would be on furlough, while also referring to unpaid leave and lack of work. The tribunal described that as a contradiction and concluded that the claimant was intended to be placed on furlough. It also found that his signed agreement to furlough supported that conclusion.

The respondent's explanation that furlough pay could not be claimed because payroll was run by Platinum Pay Ltd was rejected as not credible, particularly because both entities were owned and run by the same individual. The tribunal stated that furloughed pay was due from the employer whether or not a reimbursement claim was made or succeeded. It calculated that 38 weeks of furlough at £414.20 per week came to £15,739.60, and that the last two weeks outside the furlough scheme were payable at full pay totalling £1,035.50, with an additional £1,242.60 for the earlier unpaid period.

The total unlawful deduction found was £18,017.70, and judgment was entered for that amount. The tribunal did not award damages for strain because it said that head of claim was outside its statutory powers, and it did not allow the separate £500 training-cost request because that was not a deduction from wages.