Mr Ekkachai Somboonsarn Ms Halyna Dudar v Anglo Thai Limited and 1 other — 2025

The tribunal considered whether the two Claimants (a married couple) were employees of the two Respondent companies, which operated Thai restaurants in central London and were part of a wider family business dispute already addressed by the High Court in Walker v Somboonsarn [2024] EWHC 919 (Ch). Employment Judge Adkin found that the First Claimant, Mr Somboonsarn, was not an employee of either Respondent: he had acted as owner, director and entrepreneur across the businesses, enjoying the flexibility and financial rewards of ownership (including dividends and the ability to draw funds for property purchases). His complaints of unfair dismissal and wrongful dismissal were therefore not well founded and were dismissed.

By contrast, the Second Claimant, Ms Dudar, was found to be an employee of both Respondents, doing distinct administrative and accounting work for each. The tribunal found that ceasing to pay her salary went to the root of the contract and amounted to a dismissal. Applying the Polkey question, the judge concluded that a fair dismissal was inevitable given the irretrievable breakdown of trust and confidence, but that a fair procedure (a meeting, written decision and appeal) would have taken around four weeks; the dismissal was procedurally unfair. She was also entitled to one month's notice pay from each Respondent for breach of contract, with no double recovery alongside any compensatory award.

The First Respondent was ordered to pay Ms Dudar a basic award of £5,169.28 and £1,400 for breach of contract (less tax and NI). The Second Respondent was ordered to pay her a basic award of £5,815.44 and £1,400 for breach of contract (less tax and NI).