Case 3312617/2020 · Employment Tribunal

Claimant v Alcema Ltd — 2021

Case reference: 3312617/2020
Decision date: 8 October 2021
Jurisdiction: England & Wales
Judge: Employment Judge Allen
Venue: Watford

Indexed: 23 May 2026

Parties

2 named

Claimant

Respondent

Alcema Ltd

Key findings

Tribunal's reasoning

Thomas Murphy was employed by Alcema Ltd from 1 June 2016 until his redundancy termination on 12 October 2020. He had 20 days' annual leave plus 8 bank holidays each year, and the contract allowed the company to require him to take outstanding holiday during any notice period. After furlough began on 9 April 2020, he remained on furlough until termination. The tribunal recorded that there were no issues about the redundancy process itself.

Claims and outcomes

2 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Working time regulations	Claim for Regulation 15(2) notice to take accrued holiday during the notice period, and the related claim for payment in lieu of 14.3 days accrued holiday entitlement, were dismissed. The tribunal held that clause 8.9 of the contract was a 'relevant agreement' for the purposes of Regulation 15(5) WTR, so the respondent was entitled to require leave during the notice period without giving the usual notice under Regulation 15(2) and (3).	Dismissed	—	—
Unlawful deduction from wages	Claim succeeded in respect of holiday pay for five bank holidays between furlough and the effective date of termination. The tribunal treated the complaint as a series of deductions, found it in time, and held that the claimant had been paid at the capped furlough rate rather than at Regulation 16 WTR rate of a week's pay.	Upheld	—	£1,082

Remedy

Monetary award

Total award: £1,082; across all upheld claims

Legal tests applied

4 references

Official outcome judgment PDF

Gov.uk primary record

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Open official judgment PDF on gov.uk

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How we got this data

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