Latest in Employment Law>Case Law>Antuzis & Others v DJ Houghton Catching Services Ltd [2021]
Antuzis & Others v DJ Houghton Catching Services Ltd [2021]
Published on: 10/05/2021
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Lecturer in Law and Barrister
Jason Elliott BL Lecturer in Law and Barrister

Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Background

The claimants were migrant workers who had been employed by the defendant company.   Instead of bringing Tribunal claims, they brought breach of contract claims against the company due to unpaid wages, failure to pay minimum wage, unlawful deductions from their wages and a failure to pay holiday pay.   They also brought claims personally against the directors due to their part in inducing a breach of contract.   At a previous substantive hearing it was held that the defendant was liable, which left damages to be assessed.

In terms of the substantive decision, the High Court had already established that the claimants had proved they were working more hours than were stipulated on their payslips.   It was also clear that the amounts on the payslips were not actually paid to the claimants.  The High Court found that the failings in relation to not accounting for all hours or failing to pay the required sums was deliberate.  The formulation of the payslips was ‘fictional’ with the view that the directors were exploiting these workers. The claimants were not entitled to holidays nor given any holiday pay.  Indeed, it was found that the claimants were victims of conduct prohibited by the Modern Slavery Act 2015.  However, it must be noted that it was on the balance of probabilities - had it been a criminal charge, it would have to be proven beyond reasonable doubt.

The exploitation was on the basis that the work was as a result of threats and deception.  Additionally, the claimants had to live in accommodation provided by the directors.  There was a deduction from wages from this, yet it was above the statutory limit of £1.50 per week.  The interesting part of the judgment is that it was held that the claimants would not be properly compensated unless there was an award of damages which took into account the effect of the exploitation.   Many of the sums had been agreed by the parties between the substantive hearing and the assessment of damages.  Yet it was held that the aggravated damages were to be at 20% in recognition of the mistreatment they had faced.   The claim for exemplary damages were not given as they are punitive rather than compensatory.  The court did not feel it necessary to give these damages considering the aggravated damages given as well as the lack of evidence relating to the profit made by the defendant company.

Practical Lessons

This case came through a breach of contract claim rather than a claim which went through the Tribunal processes.  The treatment suffered by these claimants was horrendous and not only went against their employment rights but also more fundamental rights. As a result, the mistreatment could be taken into account to ensure that there was an uplift in damages by way of aggravated damages.
https://www.bailii.org/ew/cases/EWHC/QB/2019/843.html

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 10/05/2021