Miss E Scott v The City Partnership (UK) Limited — 2022

Miss E Scott was employed by The City Partnership (UK) Limited from 21 January 2019 until 31 July 2020. She was placed on furlough at the end of April or start of May 2020. On 11 June 2020 her line manager told her by telephone that she would remain on furlough until the end of July 2020 and that her employment would then terminate. The tribunal found that no confirming correspondence was sent and that the option described to the manager by the managing director was not fully relayed to the claimant.

The tribunal first considered time limits. The claimant had lodged an initial claim on 27 November 2020 naming the managing director rather than the company, and the claim was rejected because the respondent name did not match the ACAS certificate. The tribunal accepted that this was a genuine and reasonable mistake, held that it was not reasonably practicable for the corrected claim to be presented within the original time limit, and extended time because the second claim was lodged on 12 December 2020, the same day she identified the defect.

On notice pay, the tribunal held that the claimant had been given over seven weeks' notice of the termination date, which was more than her one week statutory entitlement. It also found that she remained on furlough pay during that period, which was then her normal remuneration. The wrongful dismissal claim therefore failed and was dismissed.

On holiday pay, the parties agreed that the claimant had accrued but unused holiday of 15.5 days at termination, worth £1,207.14 gross and £1,001.30 net, and that she had not been required to take that leave during furlough. The tribunal held that she had not validly waived the entitlement by a settlement agreement meeting the requirements of the Working Time Regulations 1998. It therefore ordered the respondent to pay £1,207.14 gross in respect of accrued but untaken annual leave.