In person For the v Mr Nigel Howell, Director — 2022

The claimant, a commis chef, brought a claim on 21 February 2021 alleging unpaid holiday pay and arrears of pay after his employment with Butch Annie's Limited ended on 30 November 2020. The respondent denied the claim and also advanced an employer's contract claim based on alleged failure to give notice, which the tribunal said it had no jurisdiction to determine because there was no claimant contract claim before it.

The tribunal accepted that the claimant worked 16 hours in July 2020 preparing the restaurant for reopening after lockdown, and that he was paid only his furlough rate rather than his normal rate. It found the resulting underpayment of £28.80 was due.

On holiday pay, the tribunal found that the claimant's trip to Italy in May 2020 was not a holiday or leisure trip and that he was not given written or verbal notice requiring him to take annual leave while furloughed. It also found that he resigned on 30 November 2020 without giving the one month's contractual notice required by his contract, so the respondent was entitled, under clause 12(5), to deduct an amount reflecting 10 days' furlough wages because it would have been able to require him to take holiday during a notice period.

The tribunal held that the claimant had accrued 17.5 days' untaken leave by termination, valued at £1,260.00, but that £576.00 could properly be deducted. It also found he had been underpaid for four bank holidays by £57.60. The final award was £770.40, made up of £684.00 for accrued but untaken holiday net of deduction, £57.60 for bank holiday shortfall, and £28.80 for the July 2020 underpayment.