S Torri v AY Pub Ltd: 3201285/2020
JUDGMENT
[1]The Claimant was not provided with a contract of employment by the Respondent and the Respondent is ordered to pay to the Claimant the sum of £400.[2]The remaining claims are dismissed.REASONS
[1]A full ex tempore judgment was given on the day of the hearing and the reasons were given in that judgment.[2]In short, Mr Mekhli said that Mr Torri did not transfer to the Respondent, as he had left his employment at the pub before his company took it over. So he should have issued a new contract to Mr Torri when taking him on again, on 05 March 2020, but had not done so. The pub was closed for refurbishment and Mr Torri worked there and Mr Torri says he was paid £200 a week. So, I ordered the Respondent to pay Mr Torri 2 weeks’ pay Case Number: 3201285/2020 (which is the amount the statute says is the amount to be ordered) and that is £400.[3]The other claims were for a week in hand, and for deduction from wages for rent for a room at the pub. I dismissed these for want of any evidence. There was only assertion. Mr Torri agreed that he was hourly paid, and on a zero hours contract, so it is inherently unlikely that he would be earning the £450 a week he earned with the previous owners.