Mr T Puges Casquero v Represented by:- Miss Del Valle Pedros Black Moon Events Ltd — 2018

The tribunal found that the claimant and respondent had an employment contract arising from an oral offer of work made by Sebastian Makasewicz on 11 August 2017. Applying Ready-Mixed Concrete and Carmichael, it held that the claimant provided personal service, the respondent exercised sufficient control, and there was mutuality of obligation. The contract was found to be for 46 hours per week, subject to agreed variation, and the claimant was not on a zero-hours contract. The tribunal accepted the claimant and Mr Palacios on the rota and pay arrangements, and did not accept the respondent's contrary account where it was inconsistent.

The tribunal found that the respondent agreed to pay the claimant for additional holiday between 28 December 2017 and 15 January 2018 after he agreed to train chefs at the Night Cap. It held that the failure to pay for that period was an unlawful deduction from wages and awarded £924.14. It also found that, at termination, the claimant had accrued but untaken holiday under regulation 14 of the Working Time Regulations 1998 and was owed £154.02.

The tribunal further found that from 16 January 2018 the respondent told the claimant there was no further work and no new work was then offered, which it treated as a failure to pay him for the period to his resignation on 23 April 2018. It awarded £5,313.82, calculated as 13.8 weeks of net earnings at £385.06 per week. The tribunal also found a breach of section 1 ERA 1996 because written particulars were never provided despite being requested, and made an award of £770.12 under section 38(3)(b) Employment Act 2002.