Mr Shawn Carr Miss Sinatta Ramsay v 108 (Darlington) Limited T/A The Chinese Buffet — 2022

Mr Carr and Ms Ramsay were employed by 108 (Darlington) Limited at The Chinese Buffet in Darlington when the restaurant reopened on 5 July 2021. The tribunal found that the restaurant closed again later that day after gas board engineers identified an irregularity with the electricity meter, that there was uncertainty about when trading would resume, and that the claimants were not given a clear written explanation that they were on lay-off. Mr Wu paid £600 from his own resources, and other staff received £150 payments, but the claimants said they had not been lawfully laid off and remained ready and willing to work.

The tribunal accepted that the reality and substance of what occurred was lay-off within clause 7 of the contract, because there was a shortage of work and then a total absence of work. However, it found that the employer should have clarified matters in writing and that the lay-off position was effectively made clear only when payments were made on 20 July 2021. The claimants were therefore entitled to wages for the period from the start of employment until 20 July 2021, which the tribunal rounded to about three weeks, and it awarded £1,531.26 to Mr Carr and £1,406.25 to Ms Ramsay as unauthorised deductions from pay under s.13 of the Employment Rights Act 1996.