Dixon v. Viollet & Anor [2010] UKEAT 0342_10_1609 (16 September 2010)

Dixon v. Viollet & Anor [2010] UKEAT 0342_10_1609 (16 September 2010)

The order against Mr Dixon was set aside because he was not the employer; Santiago Management Ltd, as the company trading as T. HQ and the employer, is the correct Respondent and solely liable for the award.

Citation
[2010] UKEAT 0342_10_1609
Parties
Claimant: Miss B Viollet; First Respondent: Mr Frank Dixon; Second Respondent: Santiago Management Ltd (trading as T. HQ)
Jurisdiction
United Kingdom
Judgment Date
16 September 2010
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed; order against Mr Dixon set aside; Respondent corrected to Santiago Management Ltd in liquidation.
Legal Topics
Unpaid Wages, Correct Respondent, Company Liability, Director Liability, Insolvency

Case Brief

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Parties

Miss B Viollet

Claimant

Mr Frank Dixon

First Respondent

Santiago Management Ltd (trading as T. HQ)

Second Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

  1. 1 Whether Mr Dixon can be held personally liable for unpaid wages owed to the Claimant
  2. 2 Whether the correct Respondent is Mr Dixon or Santiago Management Ltd trading as T. HQ

Ratio Decidendi

The order against Mr Dixon was set aside because he was not the employer; Santiago Management Ltd, as the company trading as T. HQ and the employer, is the correct Respondent and solely liable for the award.

Court Disposition

Appeal allowed; order against Mr Dixon set aside; Respondent corrected to Santiago Management Ltd in liquidation.

Orders

  • Order against Mr Dixon set aside
  • Respondent name corrected to Santiago Management Ltd