Mr K Lok Chan v Wah-Ping Chinese Restaurant Ltd and 1 other — 2021

The tribunal found that Mr K Lok Chan was employed by Wah-Ping Chinese Restaurant Ltd as a waiter from 9 February 2020 until around 16 July 2020. It rejected the claimant's case that Mr Lau was his employer, finding instead that Mr Lau acted as line manager on behalf of the company. The claimant worked full-time, was paid £350 net per week, and there was no written contract or lay-off clause.

The tribunal accepted that on 20 March 2020 the parties agreed a rota during the first lockdown period, with front-of-house staff taking turns not to work and with an expectation that furlough pay would be paid when staff were not working. It found that the claimant was willing and able to work, that he was prevented from working when the restaurant closed or when he was told not to attend, and that the respondent did not tell him that furlough pay was unavailable or that he was not going to be paid.

Applying section 13 and section 23 of the Employment Rights Act 1996, together with the principles discussed in Ready Mix Concrete v Minister of Pensions and National Insurance, Miles v Wakefield Metropolitan District Council, North West Anglia NHS Foundation Trust v Gregg, and Beveridge v KLM UK Ltd, the tribunal held that wages were owed for the relevant periods. It awarded £700 for one unpaid week, £2,800 for eight weeks when the claimant was not allowed to work, £875 for five weeks when he was only paid for weekends, and £95.85 for statutory sick pay, making a total award of £4,470.85. The complaint of unlawful deduction from wages succeeded.