In person For the v M Hospitality International Ltd — 2022

With no response submitted by the respondent, the tribunal held that the claimant's complaints of unauthorised deduction of wages under Part II of the Employment Rights Act 1996, including unpaid holiday, and breach of contract were well founded. It calculated the claimant's gross weekly wage at £506.58, being 80% of his normal average contractual pay because he had agreed to furlough for the period in question.

The tribunal found that the claimant had not been paid from 17 March 2020 to 8 August 2020, a period of 20 weeks and 4 working days, and awarded £10,421.07 for that unpaid period. Because he had taken no holidays during that time, it also awarded £626.69 for 2 weeks and 1 day of untaken holiday, and £506.58 for one week's notice after finding he had been dismissed without notice. It recorded that the claimant had been informed of dismissal and issued with a P45 showing 30 April 2020 as his last day of employment, but the total payable was calculated by reference to the later termination date of 8 August 2020.

The tribunal said it had no jurisdiction to consider the unfair dismissal complaint because the claimant did not have sufficient qualifying service and no exception applied. It also recorded that the claimant was not pursuing any complaint of race discrimination. The total amount payable by the respondent was £11,554.34.