Mr T Ayres v A Slice of Life Café Ltd — 2025

This was a reconsideration judgment under Rules 68 to 70 of the Employment Tribunal Procedure Rules 2024. The judge held that the respondent’s application was in time and first dealt with the unfair dismissal complaint. The respondent argued that the tribunal had substituted its own view of events on 22 and 28 March 2024, that gross misconduct had not been properly assessed, and that an employer’s view of misconduct should carry weight. The tribunal rejected those submissions and explained that its findings flowed from the factual evidence rather than any substitution of judgment.

The judge recorded that, on the disputed events, the claimant’s evidence was preferred over the respondent’s, with Miss Fay’s evidence supporting the claimant on 28 March 2024. The respondent’s evidence was found in large part not to be reliable. The tribunal found, as facts, that the claimant had not started shouting or flown off the handle on 22 March 2024, was not aggressive on 28 March 2024, and had not been insubordinate, nor was there a reasonable belief in insubordination. Because misconduct and gross misconduct were not proved, the respondent had failed to discharge the burden of proof and the unfair dismissal decision remained in place. The application for reconsideration on that issue was therefore dismissed.

The tribunal then addressed the wages issue. It noted that the claimant’s position was governed by an Apprenticeship Agreement and that the claimant had a contractual entitlement to be paid for 32 hours per week. On reconsideration, the judge accepted the respondent’s logic that, having found that entitlement, the claimant was also entitled to be paid for the two weeks when the café was closed. The tribunal therefore increased the award by £352 gross, being 64 hours at £5.50 per hour, and directed that tax and national insurance be deducted from the net sum. Subject to that correction, the original judgment was confirmed.