(1) Mr Anthony Lawson (2) Mr Alimamy Kabba v Tri-Fit Gym Limited — 2022

The tribunal heard the case remotely on 1 June 2022 before Employment Judge Tobin sitting alone. Mr Lawson and Mr Kabba said that, after the gyms closed in March 2020, they continued to work for Tri-Fit Gym Limited while receiving payments described in the correspondence as advances of bonus payments. The tribunal found that neither claimant qualified for the Coronavirus Job Retention Scheme in the first lockdown, but it accepted that both worked during the lockdown period on tasks including installing equipment, marketing, rota preparation and recruitment preparation.

The tribunal found that the written agreements signed in June 2020 were clear: the sums were advances to be repaid from future bonuses, and if the claimants left the business before repayment they would be liable to repay the balance. It rejected the claimants' evidence that there had been a separate understanding that the sums were not loans or that repayment would only arise if they voluntarily resigned. On the tribunal's construction, the word 'leave' covered departure from the employment whether voluntary or involuntary, and the agreements were therefore enforceable as written.

The unlawful deduction from wages claims were dismissed. The tribunal held that the final letters signed by each claimant provided the written consent required for deductions from wages under s.13 ERA 1996. The holiday pay claims were also dismissed because the value of accrued annual leave had already been taken into account in the agreed figures. The wrongful dismissal claims failed because each claimant was entitled to only one week's notice under the contract and/or s.86 ERA 1996, and the tribunal found that appropriate notice had been given.

The pension contribution claims were upheld at the agreed figures of £350.77 for Mr Lawson and £424.07 for Mr Kabba. The respondent's contract claim also succeeded. After crediting the pension contributions, the tribunal held that Mr Lawson owed £3,803.01 and Mr Kabba owed £1,207.90 under the advance-of-bonus agreements.