Mr K Horsfall v Casa Yeadon — 2021

Mr Horsfall brought a complaint of unauthorised deduction from wages in relation to work at Casa Yeadon/Casa Pizza between 6 and 14 June 2020. The tribunal found that there was an oral and implied agreement for him to work as a cashier, but that the respondent intended the initial training period to be unpaid and that he was told this by the respondent's witnesses. On that basis, the tribunal held there was no entitlement to wages under the oral agreement itself.

The tribunal then considered the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 2015. It found that Mr Horsfall was a worker, that the National Minimum Wage provisions applied, and that the work he carried out during the period was more than a short unpaid trial. In reaching that conclusion, the tribunal referred to government guidance on eligibility for the minimum wage and unpaid work trial periods, and noted that the claimant spent 54 hours at the takeaway performing real cashier tasks.

For remedy, the tribunal found that Mr Horsfall was 16 years old in June 2020, so the applicable minimum wage rate was £4.55 per hour. Although he claimed 54 hours, the tribunal reduced the hours by 8 because he had accepted that he was told he could leave early multiple times and chose to stay. The tribunal therefore ordered Casa Yeadon to pay £209.30, being 46 hours at £4.55 per hour.