Mr J Dornan v Digeasley Limited — 2020

The tribunal heard from Mr Dornan only; the respondents did not present an ET3 and did not attend or represent themselves. Employment Judge R Gall accepted Mr Dornan’s evidence as credible and reliable. The tribunal found that he had been employed from 1 August 2018 until 30 May 2020 and that he earned £375 gross, £294 net.

From 30 March 2020 Mr Dornan was furloughed. He was paid for six of the eight weeks before his employment ended, receiving £304 gross per week, although those payments were made late. He did not receive payment for two of the furlough weeks, and the tribunal awarded him £608 gross for that unpaid period.

When the respondents ended his employment they did so with immediate effect and said they did not wish to make any further CJRS applications on his behalf. The tribunal found that no notice or payment in lieu of notice had been given, so it awarded damages for breach of contract equivalent to one week’s wages, being £375 gross.

The claim for holiday pay was not insisted upon. The tribunal recorded that some payment described as holiday pay had been made, but no breakdown was provided and Mr Dornan could not specify the additional sum he said might be due. The tribunal therefore made no award on that part of the claim.