Who is my Employer ???

Who is my employer?

When is your employer NOT your employer? This question is becoming increasingly common. You may think it does not have any implications at all but a recent case highlights just what we mean. https://assets.publishing.service.gov.uk/media/66aa38b8a3c2a28abb50dae6/Mr_D_Vogiazinos_v_Sola_Fine_Dining_Limited_-_2201528-2024.pdf

In the case of Michelin starred chef Victor Garvey who hired our member to work at his premises in Soho London and he continued to work for Garvey at those premises for many years, working with Garvey to achieve his first Michelin Star at the Sola Restaurant.

However unbeknown to our member he was not technically employed by Garvey but by the limited company owned by his girlfriend.  The company paid Garvey’s employees on his behalf therefore relieving him of any legal responsibility but this was never explained to any of his staff.

When our member was dismissed unfairly Garvey denied any employer responsibility even though he had hired and fired on the company’s behalf.
The case was found against Sola Fine Dining Ltd and has since been ordered to pay more than £15000 in compensation.Garvey claims he was not a Director of SFDL had had no responsibility even though all of his chefs and staff were paid by a company managed by his girlfriend/partner Ashley Yates.

The case highlights the growing issue of “entity or Employer identification” and is a serious concern within the industry. This is when an employer deliberately sets out to confuse, deceive and misrepresent their employees by offloading their legal responsibilities to a shell company. This despicable practice is more common than even we realised and we ask all Chefs to check their contracts and to find out just who they are actually employed by, often they will be shocked to find that it’s not the people they are working for.

If the company on your contract is different in any respect to the one on your payslip or if they bear no relation to who you actually work for then alarm bells should be ringing out.

For example..If you work for the Dog and Duck pub but you are paid by the Dog and Duck Catering ltd who have no say in the running of the pub or its business then you have a problem if the owners and managers of the pub are not Directors of that Limited Company but only use it to pay your wages.

Chefs beware please,  this vile practice is becoming more and more and we need you all to be vigilant and stand up where you see it happening.