Miss Farah Barhoun Enouali v Adams Leisure Limited — 2021

Miss Farah Barhoun Enouali brought a claim for one month's pay, saying she had not been paid for June 2020 and was due £333.20 gross. The tribunal found that she had been furloughed during June 2020, had not been asked to return to work during that month, and was ordinarily entitled to furlough pay for that period.

The tribunal rejected the Respondent's argument that clause 12.5 of the employment contract prevented recovery of the June pay. It found that the Claimant had not given notice to terminate her employment in the manner required by clause 12.2, so the contract continued until 10 August 2020, when she received the letter stating that her employment was deemed terminated. The tribunal also rejected the suggestion that the contract ended on 30 June 2020 from the P45, and rejected the Respondent's hearing submission that it ended on 31 July 2020.

The tribunal noted that the Respondent had not brought an employer's contract claim. On the evidence before it, the Claimant was available for work during June 2020 and was entitled to be paid the furlough pay the Respondent had agreed to pay. The claim therefore succeeded in the sum of £333.20 gross.