Mrs. K MacLennan, lay representative For v Mr P Wiffin T/a Live and Let Live — 2023

Employment Judge Douse found that Mr Fairclough had worked for Mr Wiffin from 26 July 2003, latterly as a public house manager. The tribunal accepted that from February 2011 he worked 40 hours per week, was paid £795 per month with £295 treated as accommodation costs, and was furloughed from March 2020 on £636 per month. It found that he was told on 19 February 2021 that his employment would end because the business was closing, with written confirmation not handed to him until 6 April 2021 when he left the accommodation.

The tribunal was just persuaded that it was not reasonably practicable for the claim to be presented in time and that it was brought within a reasonable period after the deadline. Unfair dismissal failed because the claimant accepted redundancy was the reason for dismissal, closure of the business was the sole reason, and, given that the pub was closing, he was the only employee, and no alternative work was available, the respondent acted reasonably under s.98(4) ERA 1996.

The separate redundancy/notice pay claim succeeded. The remedy judgment later ordered £3,211.62 gross as payment in lieu of notice after deducting furlough payments received between 19 February and 6 April 2021. The wages claim partially succeeded: deductions before 29 August 2019 were dismissed as time-barred, but the tribunal upheld the National Minimum Wage shortfall claim from 29 August 2019 to 18 February 2021 and awarded £12,998.37 gross, taking the accommodation offset into account. The holiday pay claim also partially succeeded: earlier periods were time-barred, the tribunal rejected the assertion that the claimant had been prevented from taking his full 28 days from 29 August 2019, but held that he was entitled to pay in lieu of accrued and untaken leave during furlough from 1 April 2020 to 18 February 2021, awarding £1,726.56 gross.