Mr J Lindsay and Mr L Pope v The Secretary of State for Business Energy and Industrial Strategy and Physioflexx Ltd (In Liquidation): 2500006/2022 and 1300026/2022

EMPLOYMENT TRIBUNALS

Case No 2500006/2022, 1300026/2022

Between

Mr J Lindsay and Mr L PopeClaimant

The Secretary of State for Business Energy and Industrial Strategy and Physioflexx Ltd (In Liquidation)Respondent

Before

Employment Judge Morris

In person for claimant

Date 18 December 2022

JUDGMENT

The judgment of the Employment Tribunal is as follows:

[1]In respect of the several claims made by respective claimants, the calculation of the amount of “a week’s pay” falls to be made in accordance with sections 221(1) and (2) of the Employment Rights Act 1996 utilising the amount that is payable to each of the claimants under their respective contracts of employment; that being £30,000 per annum.

[2]In the leave year commencing on 1 January 2020 it was not reasonably practicable for either of the claimants to take all of the leave to which they were respectively entitled under regulation 13 of the Working Time Regulations 1998 “as a result of the effects of coronavirus (including on the worker, the employer or the wider economy or society)” and, therefore, in accordance with regulation Case Numbers: 2500006/2022 1300026/2022 13(10) of those Regulations, they are each entitled to carry forward that untaken leave. EMPLOYMENT JUDGE MORRIS

REASONS

Reasons for the above Judgment having been given orally at the hearing, and no request having been made at the hearing, written reasons will not be provided unless a written request is presented within 14 days of the sending of this written record of the Judgment.