Mr Posa v Jashoda Ltd HELD AT: London South (CVP) — 2025

Mr Posa worked for Jashoda Ltd as a bar manager at The Ravensbury from 13 November 2024 to 12 January 2025. The tribunal found that the claimant was given the 2025 contract, not the 2024 contract relied on by the respondent, and that he was not required to clock in or clock out and did not receive payslips during his employment. It preferred the claimant's evidence on the hours worked, supported by the rotas and WhatsApp messages, over the respondent director's indirect evidence about his usual hours.

On the wages claim, the tribunal found that Mr Posa worked on average 45 hours a week and 405 hours in total over the period. Applying the hourly rate of £11.44 referred to in the 2025 contract, it calculated that he should have been paid £4,633.20 gross. After crediting the £2,554.88 gross actually paid, the tribunal found an unpaid balance of £2,078.32 gross and ordered the respondent to pay that sum.

On the service charge claim, the tribunal accepted that the restaurant's likely sales over the relevant period were £150,000, with 45% attributable to the restaurant and a 12.5% service charge generating a pool of £8,437. It found that the service charge would have been divided equally between the nine staff members who were not mainly club workers, giving the claimant 11.11% of the pool, or £937.44. After deducting the £70 cash tips he accepted receiving, it ordered payment of £867.44 gross.

On the itemised pay statement complaint, the tribunal found that the respondent had failed to provide pay statements despite receiving the relevant information from the claimant on 29 November 2024. Under ERA 1996 s.12(4), it awarded the equivalent of two weeks' unnotified deductions because the claim had been presented on 19 March 2025 and the relevant 13-week period started on 27 December 2024. That produced an award of £479.61 gross. The total sums ordered were £2,078.32, £867.44 and £479.61, making a total award of £3,425.37 gross.