(sitting alone) Mr. Ian Docherty v CCRS Brokers Ltd — 2021

Mr Docherty was employed by CCRS Brokers Ltd from 29 February 2016 to 31 October 2020 as an Associate Director, with a gross monthly salary of £6,170.35. In March and April 2020 the parties agreed that he would be furloughed under the Coronavirus Job Retention Scheme. The claimant signed the 31 March 2020 letter agreeing to the temporary variation, and the tribunal found that, by the parties' conduct, furlough continued by agreement up to and including 16 July 2020. The complaint for arrears of pay between 1 July 2020 and 16 July 2020 therefore failed.

The tribunal found that from 17 July 2020 the claimant had made clear that he was ready and willing to return to work and did not consent to any further furlough. From that date he was entitled to his full contractual salary rather than the furlough rate. The tribunal calculated the shortfall for 17 to 31 July 2020, August 2020 and September 2020 as £1,775.80, £3,670.00 and £3,670.00 respectively, giving a total unlawful deduction from wages of £9,115.80. That sum was ordered to be paid subject to tax and national insurance deductions being accounted for to HMRC.

On the notice pay issue, the claimant argued that his contract entitled him to an additional four weeks' notice pay. The tribunal held that the contractual clause he relied on was the notice required of the employee, not the employer, and that the statutory minimum notice due under section 86 ERA 1996 was four weeks, which had already been paid in October 2020. No additional notice pay or damages for breach of contract were awarded.