Mrs Romona Romila v F&P (Didcot) Limited — 2022

Mrs Romona Romila worked for F&P (Didcot) Limited as a front of house team member from 27 May 2019. The hearing proceeded in the respondent’s absence after the Tribunal was told the company was being placed into liquidation and that no one would attend. The claim was limited to two contractual complaints: unpaid notice pay and unpaid accrued holiday pay.

On notice pay, the Tribunal found that the contract required one week’s notice and that the claimant received one week’s notice by email on 23 September 2020, with employment ending on 30 September 2020. The claimant was paid only 80% of her weekly pay on 30 September 2020 as furlough pay, but the April 2020 furlough agreement did not vary the notice term because it was not signed by the respondent and did not mention notice pay. The Tribunal held that 20% of one week’s notice pay remained outstanding and awarded £57.70 gross.

On holiday pay, the Tribunal found that the leave year ran from 1 April to 31 March and that the claimant was entitled to 28 days’ paid holiday a year. It accepted that she had taken no holiday between 1 April 2020 and 30 September 2020, so she accrued 14 days in that period and was owed £807.66 gross at her daily rate of £57.69. The Tribunal rejected any claim to carry over 5 unused days from the previous leave year, holding that the contract did not provide for carry-over and that the Working Time Regulations only entitled her to payment in lieu of holiday accrued but untaken in the final leave year.

The Tribunal rejected consequential loss and other damages said to arise from the pub’s closure, deferral of a loan, and injury to health, because the notice and holiday pay breaches were fully compensated by the contractual awards made. The total award was £865.36 gross.