The Claimant was laid off for a time during the COVID pandemic and then suspended after he had made allegations against senior people in the business. A mediator was appointed but thereafter the Claimant withdrew from the mediation process. The claimant was specifically invited to return to work on 1 September 2020. He did not return then because of sickness but then eventually did return. His claim of unlawful deductions relating to the period form when there was no basis for being laid off to the day when he was invited to return was successful, the EJ saying that the Respondent had not established that the Claimant was not willing and able to return to work from mid-June 2020. The Respondent appealed.

The EAT allowed the appeal. The ET misapplied the burden of proof which is on the employee to show that he was ready, willing and able to work when this is challenged.