Mr T Evans v Lounge 69 Ltd: 2419853/2020

EMPLOYMENT TRIBUNALS
Case No 2419853/2020
Mr T EvansClaimantLounge 69 LtdRespondent
Employment Judge BarkerIn person for claimantNot represented for respondentDate 19 May 2021

JUDGMENT

The decision of the Tribunal is that the Claimant’s claims for unpaid wages and holiday pay succeed. The Respondent is to immediately pay to the Claimant the sum of £2316.82, which is comprised as follows.[1]Between 5 December 2019 and 4 October 2020, the Respondent made unlawful deductions from the Claimant’s wages in the sum of £1008.57;[2]During the Claimant’s period on furlough pay between April 2020 and September 2020, the claimant’s hourly rate of pay (£8.50) was below the National Minimum Wage (£8.72). The claimant’s furlough pay should therefore be increased by 18 pence an hour to reflect this. His furlough pay has therefore been subject to unlawful deductions in the sum of £132.79; and[3]Between 5 December 2019 and 4 October 2020, the Claimant accrued holiday entitlement which he did not take nor was he paid for at the end of his employment. He is to be paid £1,175.46 to reflect this, based on the Respondent’s calculated average of a 28.5 hour working week between this period.