Mrs Davis v No appearance or — 2021

The respondent did not appear at the hearing and had not taken part in the proceedings since a previous hearing. The tribunal considered it in the interests of justice to proceed in the respondent's absence, and accepted the claimant's evidence and the documents in the bundle.

The tribunal accepted that the claimant's employment had transferred to the respondent with the TUPE regulations applying. It found that at the end of March 2020 the claimant was effectively laid off and was not paid all sums due, including £388.76 for March wages and £246.17 in deducted pension contributions not paid to the pension fund.

The tribunal found that the claimant was promised furlough pay for April 2020, but the respondent did not register for the scheme in time and the claimant was not paid. The non-payment was treated as a repudiatory breach accepted by the claimant taking work elsewhere, entitling him to one week's notice pay. The tribunal also awarded accrued holiday pay, but dismissed the claim for April furlough pay because the claimant had not worked in April and was not entitled to payment under a scheme for which the respondent had not registered.