Mark Chassy v Left Shift IT Limited

Mark Chassy v Left Shift IT Limited

The First Defendant is liable for unpaid salary, pension contributions, expenses, and holiday pay to the Claimant and the assigned Former Employees. The Second and Third Defendants are not personally liable as directors because, although they breached contractual obligations to employees, their conduct did not amount to a breach of statutory duties to the company under the Companies Act 2006. There was no waiver, variation, or estoppel by the Former Employees. The Claimant did not deliberately cause recoverable loss to the First Defendant by deleting Slack data. The Claimant is entitled to statutory interest at 3%.

Parties
Claimant: Mark Chassy; First Defendant: Left Shift IT Limited; Second Defendant: David Silverstone; Third Defendant: Mark Smith
Jurisdiction
England and Wales
Judgment Date
02 April 2025
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed in part against the First Defendant; dismissed against the Second and Third Defendants.
Legal Topics
Breach of Contract, Directors' Duties, Personal Liability of Directors, Assignment of Claims, Unpaid Wages, Unpaid Pension Contributions, Unpaid Holiday Pay, Set Off and Estoppel, Constructive Dismissal
Employment Law Contract Law Company Law Breach of Contract Directors' Duties Personal Liability of Directors Assignment of Claims Unpaid Wages +4 more

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Parties

Mark Chassy

Claimant

Left Shift IT Limited

First Defendant

David Silverstone

Second Defendant

Mark Smith

Third Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 What sums were due and unpaid to the Former Employees under their contracts and/or statutory obligations?
  2. 2 Were the claims of the Former Employees validly assigned to the Claimant?
  3. 3 Did the Former Employees waive any rights to sums due?

Ratio Decidendi

The First Defendant is liable for unpaid salary, pension contributions, expenses, and holiday pay to the Claimant and the assigned Former Employees. The Second and Third Defendants are not personally liable as directors because, although they breached contractual obligations to employees, their conduct did not amount to a breach of statutory duties to the company under the Companies Act 2006. There was no waiver, variation, or estoppel by the Former Employees. The Claimant did not deliberately cause recoverable loss to the First Defendant by deleting Slack data. The Claimant is entitled to statutory interest at 3%.

Court Disposition

Claim allowed in part against the First Defendant; dismissed against the Second and Third Defendants.

Orders

  • First Defendant to pay Claimant £236,601.91 (subject to tax grossing up and final calculation) for unpaid salary, pension, expenses, and holiday pay.
  • Statutory interest at 3% to be applied to sums awarded.