ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106884/2020 Hearing by Cloud Video Platform (CVP) on September 2021 Employment Judge: M A Macleod Katarzyna Grabowska v Matthew Boyle — 2021

The claimant presented a claim on 29 October 2020 complaining that the First Respondent had unlawfully deprived her of pay and holiday pay. The Tribunal recorded that she was employed by the Second Respondent from 14 June 2019 until her employment ended, as she understood it, at the end of August 2020. It also recorded that no written statement of terms and conditions or termination letter had been provided. The respondents did not attend the September 2021 hearing, and no ET3 had been received from the Second Respondent.

The Tribunal found that on 2 April 2020 the respondents wrote to the claimant confirming that the business had to close because of the Covid-19 pandemic and placing her on furlough from 26 March 2020 for at least three months, with payment of up to 80% of wages. The claimant said she had been paid from March to July 2020, but received no pay for August 2020. On the evidence before it, the Tribunal concluded that £453.19 was due for August 2020, that there had been no communication to the claimant that she would not be paid, and that there was no agreement justifying withholding that payment.

On holiday pay, the Tribunal noted that Mr Boyle had told the claimant she was entitled to 12 days' holiday for 2020 up to termination. The claimant calculated this at £61.04 per day, giving £732.48, and the Tribunal accepted that calculation as accurate. The First Respondent's ET3 acknowledged that holiday pay was due at 100% pay rate but did not say that payment had been made. The Tribunal therefore awarded the claimant £1,185.67 in total as unlawful deductions from wages.