Skip to main content
CLOSE

Charities

Close

Corporate and Commercial

Close

Employment and Immigration

Close

Environmental, Social, and Corporate Governance

Close

Fraud and Investigations

Close

Individuals

Close

Litigation

Close

Planning and Infrastructure

Close

Public Law

Close

Real Estate

Close

Restructuring and Insolvency

Close

Energy

Close

Entrepreneurs

Close

Private Wealth

Close

Real Estate

Close

Tech and Innovation

Close

Transport

Close

In Antuzis and others v DJ Houghton Catching Services Ltd, the High Court has recently ruled that two directors were personally liable to pay aggravated damages to a number of migrant workers who had been exploited by the company.

This case was brought by a group of eleven Lithuanian employees who were contracted by DJ Houghton Catching Services to work as chicken catchers on farms. In 2019, the High Court ruled that the company was liable for various breaches of contract including non-payment or underpayment of minimum wage, holiday pay, and overtime; and punitive withholding of pay for alleged transgressions.  The two directors were also held to be personally liable for the tort of inducing the company to breach the claimants’ contracts of employment.

Assessment of the compensation payable to the employees took place recently at a separate High Court hearing. The employees were awarded the full amounts owed in relation to wages, overtime and holiday pay. Unusually, the directors were also ordered to pay aggravated damages amounting to 20% of this compensation. The Court found that simply awarding the contractual amounts would not compensate the employees for the exploitation, manipulation and abuse inflicted by the company and its directors, and the systematic denial of their statutory rights.

The facts and circumstances of this case are extreme, and directors who knowingly breach employment legislation to this extent are rare. However, this case illustrates that directors can be personally liable for the actions of a company as well as for breach of their statutory duties. It is also a rare example of how employees can use a tort claim to obtain compensation for breach of contract from the directors of their employing company and receive damages that exceed their actual financial loss.

Latest articles

Our Offices

London
One Bartholomew Close
London
EC1A 7BL

Cambridge
20 Station Road
Cambridge
CB1 2JD

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
4 Grosvenor Square
Southampton SO15 2BE

 

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
4 Grosvenor Square
Southampton SO15 2BE

Follow us

  • Lexcel
  • CYBER ESSENTIALS PLUS

 

BDB Pitmans has launched Broadfield and is now part of the new transformative international law firm.

Should you need to confirm our bank details, please call +44 20 7092 6996.

© BDB Pitmans 2024. One Bartholomew Close, London EC1A 7BL - T +44 (0)345 222 9222

Our Services

Charities chevron
Corporate and Commercial chevron
Employment and Immigration chevron
Environmental, Social, and Corporate Governance chevron
Fraud and Investigations chevron
Individuals chevron
Litigation chevron
Planning and Infrastructure chevron
Public Law chevron
Real Estate chevron
Restructuring and Insolvency chevron

Sectors and Groups

Private Wealth chevron
Transport chevron