Operations manager awarded £2,880 for unpaid salary and holiday pay
An operations manager who was not paid his December 2020 salary or holiday pay for April and May 2021 has been awarded £2,880.78 by an employment tribunal.
1 min read · Last updated 18 May 2026
Case details
- #furlough
- #discretionary-bonus
- #dyslexia-not-disability
- #counterclaim-dismissed
- #remedy-hearing
Key facts
- The claimant was employed from 1 February 2016 as a Sales Advisor, later Operations Manager.
- The claimant was on furlough from April 2020 to December 2020.
- The claimant did not receive his December 2020 salary of £1,750 gross.
- The claimant was not paid holiday pay for April and May 2021.
- The claimant's disability discrimination claims were dismissed because he did not have a disability within the meaning of the Equality Act 2010.
- The respondent's counterclaim for repayment of loans was dismissed for lack of jurisdiction.
Timeline
-
Employment started
Claimant began employment as Sales Advisor.
-
Last bonus payment
Claimant received a £2,500 gross bonus; no further bonuses paid.
-
Furlough started
Claimant signed furlough agreement; salary reduced to £1,400 gross per month.
-
Sickness absence
Claimant was unable to work for 4 weeks due to health issues.
-
December salary unpaid
Claimant did not receive his December 2020 salary of £1,750 gross.
-
Furlough ended
Claimant was required to return to work but did not.
-
Resignation
Claimant resigned with immediate effect.
-
ET claim presented
Claimant started Employment Tribunal proceedings.
-
Final hearing (liability)
Four-day hearing on liability issues.
-
Remedy hearing
Tribunal awarded £1,750 for December pay, £323.08 holiday pay, and £807.70 for failure to provide employment particulars.
The legal issue
The tribunal had to decide whether the employer made unlawful deductions from wages for the December 2020 salary and holiday pay, and whether the employee was disabled and subjected to discrimination. It also considered a counterclaim for loan repayments.
The outcome
The tribunal partially upheld the employee's claims. It found that Onriver (UK) Ltd made unauthorised deductions from wages by not paying the December 2020 salary and holiday pay for April and May 2021. The claims for disability discrimination were dismissed because the employee was not found to be disabled under the Equality Act 2010. The employer's counterclaim for repayment of loans was also dismissed.
Compensation awarded:
- £1,750 for unpaid December 2020 salary
- £323.08 for unpaid holiday pay (April-May 2021)
- £807.70 for failure to provide employment particulars
- Total: £2,880.78
Lessons & takeaways
- Employers must continue to pay employees during furlough unless a lawful deduction applies; failure to do so can lead to a successful claim for unauthorised deductions.
- Holiday pay must be paid correctly even during or after furlough; unpaid holiday pay is a breach of the Working Time Regulations.
- Employers should provide written employment particulars and itemised pay statements; failure to do so can result in additional compensation of up to four weeks' pay.
- A counterclaim for loans must be properly pleaded and within the tribunal's jurisdiction; otherwise, it will be dismissed.
A case of unpaid wages and holiday pay during furlough
This case highlights the importance of employers meeting their basic obligations to pay wages and holiday pay, even during the disruption of furlough. The employee, an operations manager with six years' service, was furloughed from April to December 2020. After returning from furlough, he did not receive his December 2020 salary, and his holiday pay for April and May 2021 was also unpaid. The tribunal found that these were unlawful deductions from wages.
What the employer could have done differently
Onriver (UK) Ltd could have avoided this claim by ensuring that the employee's December salary was paid in full. The company argued that the employee had agreed to a salary reduction, but the tribunal found no evidence of such an agreement. Similarly, holiday pay should have been paid in the usual way. The employer also failed to provide written employment particulars and itemised pay statements, which led to additional compensation.
Why this matters
This case serves as a reminder that employees' statutory rights to pay and holiday pay remain in force during furlough. Employers who fail to pay what is owed may face tribunal claims and compensation awards. For employees, it shows that even if a disability discrimination claim fails (here, because dyslexia was not found to be a disability), other claims for unpaid wages can still succeed.
Similar cases
Sales assistant with chronic kidney disease loses disability discrimination claim over furlough placement
A former nurse turned sales assistant who was placed on furlough during the pandemic due to shielding advice has lost her disability and age discrimination claims against Irvings Butchers Limited.
Constructive dismissal claim fails after employee stayed on for months
A solutions engineer who resigned after a performance improvement plan and grievance process lost his constructive dismissal claim because he stayed in the job too long after the alleged breaches.
Recruitment coordinator's constructive dismissal claim over informal warning and bonus rejected
The tribunal dismissed claims of constructive unfair dismissal and breach of contract for non-payment of a discretionary bonus, finding no repudiatory breach of trust and confidence.
Cleaner dismissed during Covid-19: employer's failure to respond leads to £2,719 payout
A part-time cleaner who was dismissed after asking to be furloughed has won her unfair dismissal claim after her employer failed to submit a response to the tribunal.