Mr Steven Dalton v City Circle UK Limited — 2022

Mr Steven Dalton worked for City Circle UK Limited as a coach driver from 24 February 2020 under a written contract providing 264 guaranteed days annually, 9 hours per day at £11.50 per hour, 28 days' paid holiday, a leave year of 1 April to 31 March, and one month's notice. During the Covid-19 period the respondent first told him he was not eligible for furlough, later told him he was eligible when the government criteria changed, and in October 2020 offered redundancy-avoidance options including a 50% work/50% pay arrangement at the London depot.

The tribunal rejected the claims for unpaid notice pay and unpaid holiday pay. It found that Mr Dalton gave notice on 30 October 2020, did not withdraw it with the respondent's agreement, and that the withdrawal was not made in the heat of the moment. His employment therefore ended on 30 November 2020, and the tribunal found the respondent paid his notice entitlement in full in the final payment on 10 December 2020.

On holiday pay, the tribunal found the leave year ran from 1 April to 31 March and that Mr Dalton's pro rata entitlement for 1 April 2020 to 30 November 2020 was 19 days. It found that 5 days were taken in August and 5 days in September, that those days were validly paid, and that the remaining 9 days were paid on termination. The tribunal therefore found no outstanding holiday pay due.

On furlough, the tribunal held it had no jurisdiction to determine a complaint that the respondent did not put Mr Dalton on furlough, because furlough was a government scheme and not an implied term of the contract. On the separate complaint about an unreasonable change to terms, the tribunal found the respondent did not amend the contract: the 50% work/50% pay option was a reasonable offer in the circumstances, the work remained at the claimant's London depot, and no contractual change was imposed. The claim was therefore not upheld.