Mr J Ives v Toast by Alison and Mark Limited Heard by Cloud Video Platform — 2021

Mr J Ives brought a claim for unlawful deductions from wages against Toast by Alison and Mark Limited. The tribunal heard oral evidence from Mr Ives and Mr Hargreaves and found that the parties had made a verbal agreement for the claimant to work as a chef for 55 hours a week at £10 per hour. It also found that the claimant helped prepare the kitchen before the cafe opened.

Where the evidence conflicted, the tribunal preferred Mr Hargreaves. It found that Mr Ives’ account changed during the hearing, including his evidence about when the business opened and how many hours he worked, and it accepted that his employment was offered with effect from 4 July 2020. The tribunal found that he had no contractual or other entitlement to be paid for the preparatory work between 1 and 3 July 2020, although it accepted Mr Hargreaves’ evidence that cash had been paid for that period.

For 4, 5 and 6 July 2020, the respondent conceded that it owed wages. The tribunal found that the claimant worked 23 hours in that period at £10 per hour, producing an award of £230.00. Judgment was therefore entered for the claimant in that sum and the unlawful deductions claim succeeded only in part.