(1) Mr. Mark Jackman (2) Mr. Bregary Bahamondes v Mr. Chris Singam and 1 other — 2018

Mr Jackman and Mr Bahamondes had worked as chef and sous chef at Cottons in Notting Hill. The restaurant closed on 27 December 2018, after which they brought claims for unpaid holiday pay and notice pay. The tribunal heard evidence from both claimants and from Mr Singam, and accepted the agreed figures for the sums due: £2,680 holiday pay and £1,300 notice pay for Mr Jackman, and £1,900 holiday pay and £475 notice pay for Mr Bahamondes.

The main issue was who employed the claimants. The tribunal found that Carnevalcottons Ltd, not Mr Singam personally, was the employer. The company made the offer to Mr Jackman, Mr Bahamondes later received a written contract signed by Mr Singam, and the company’s name appeared on the P45 forms and payslips. Mr Singam’s hiring and supervision of the claimants was treated as done on behalf of the company rather than in a personal capacity, so the claims against him were dismissed because he was not their employer.

The tribunal considered whether the corporate veil could be pierced so that Mr Singam could be made personally liable, including in light of his application for strike off after the restaurant had ceased trading. Applying the Saloman and Petrodel line of authority, it held that the facts did not justify disregarding the company’s separate legal personality. The tribunal noted that the proper route for employees would ordinarily be restoration of the company and winding up, with any National Insurance Fund issues dealt with through that process. It therefore made the second respondent liable only for the agreed holiday and notice sums, totalling £6,355.