A construction company has been ordered to pay compensation to a man offered a job over coffee – only to be dismissed days later after he fell ill and was hospitalised.
Joao Carlos Silva Goncalves was drinking coffee with a friend in Cheapside when he was overheard saying he needed a job, the Employment and Discrimination Tribunal heard.
A man called Carlos, who worked for a construction company, told him they were looking for workers.
The two discussed hours and wages, agreeing on £14 per hour for eight-hour shifts, five days a week, with possible Saturday work.
“There were no other discussions about pay or sick pay,” the Tribunal judgment noted.
The following day, Carlos picked up Mr Goncalves in a van and gave him a business card with the name C. C. Limited Construction – though the judgment referred to the respondent as C. Costa Limited.
He then drove Mr Goncalves to a building site, where he worked a full day splitting granite blocks. At the end of the shift, Carlos lent him £50.
The same happened the next day, but as Mr Goncalves was walking home, he began to feel unwell. He was taken to the General Hospital by ambulance and admitted for three-and-a-half days.
While in hospital, he contacted Carlos, explaining he was unwell and would not be able to work. Carlos reassured him that his job would still be there when he recovered.
However, when Mr Goncalves was discharged with a sickness certificate lasting until 4 November, he called Carlos again and was told that his business partner had said it was better not to employ him again in case he became unwell at work. Someone else had been hired to replace him.
When he left hospital, he went to the Cheapside café where he met Carlos, who gave him £150 in cash and said it was all the cash he had on him, according to the judgment.
Carlos said he would call him to pay the rest, but did not do this. Mr Goncalves rang him multiple times but he didn’t answer the phone. Carlos told him again that they had found someone to replace him.
Mr Goncalves told the Tribunal that he never received a payslip for the wages he had been paid or received a contract.
A Tribunal hearing took place in January, and no one attended on behalf of the construction company.
Dr Elena Moran, Tribunal Chair, found that Mr Goncalves was “entitled to one week’s notice of the termination of his employment”.
“He was told on Saturday 2 November 2024 that his employment was terminated. He was unable to work on Monday 4 November due to his sickness certificate so he has lost 4 days wages i.e. 5 to 8 November 2024,” the judgment read.
“I award him damages of £448 representing the money he would have earned during these 4 days. The money shall be paid to him gross and he shall be responsible for making payment of any income tax or social security that is due on the money.”
In addition to the notice pay damages, the Tribunal ordered that Mr Goncalves be paid £560 as compensation for having no contract, and a further £560 in compensation for no pay slips.
C. Costa Limited was ordered to pay Mr Goncalves the total of £1,568 within 14 days of the judgment being handed down.