Partial win Employment Tribunal · 10 March 2023

Night porter and maintenance man win claims after employer hid behind corporate maze

A night porter with 14 years' service and a maintenance man were awarded unpaid wages, holiday pay and redundancy after a tribunal found their employer deliberately used a complex corporate structure to avoid responsibility.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • Ms Eaton worked as a night porter from 15 August 2007 until she resigned on 15 February 2022.
  • Mr Slater worked as a maintenance man from 29 May 2014 until he was made redundant in April 2021.
  • The Fifth Respondent, Mohammad Zishan Zaman, was found to be the de facto employer of both claimants.
  • The employer deliberately created a complex corporate structure to obscure the true employer.
  • Ms Eaton was not paid her full wages from March 2020 onwards and received no payslips.
  • Mr Slater was told he was redundant in April 2021 and received no redundancy payment.

Timeline

  1. Ms Eaton started work

    Ms Eaton commenced employment as a night porter at Cheltenham Regency Hotel.

  2. Mr Slater started work

    Mr Slater commenced employment as a maintenance man at the hotel.

  3. TUPE transfer

    A TUPE transfer purported to transfer the hotel to M Zaman Holdings Ltd, but the claimants' employer changed multiple times thereafter.

  4. Furlough due to COVID-19

    Both claimants were furloughed. The Fifth Respondent directed the furlough and promised to top up wages.

  5. Ms Eaton contacted HMRC

    Ms Eaton contacted HMRC to inquire about missing tax records and payments.

  6. Hotel sale mentioned

    The Fifth Respondent emailed Ms Eaton about a potential sale of the hotel to 'Anoob', but no sale occurred.

  7. Mr Slater made redundant

    The Fifth Respondent informed Mr Slater that he was redundant.

  8. Ms Eaton resigned

    Ms Eaton resigned without notice after over a year of no contact from her employer.

  9. Final hearing

    Employment Judge Livesey heard the claims and issued judgment.

The outcome

The tribunal ruled in favour of both claimants. The night porter was awarded £11,474.23 for unlawful deductions from wages, £1,718.01 for unpaid holiday pay, and £3,436.02 as a basic award for unfair dismissal (limited to basic award only). The maintenance man was awarded £3,150 for a redundancy payment, £1,848 for notice pay, and £1,400 for outstanding holiday pay.

  • Night porter: £11,474.23 (unlawful deductions), £1,718.01 (holiday pay), £3,436.02 (basic award for unfair dismissal)
  • Maintenance man: £3,150 (redundancy payment), £1,848 (notice pay), £1,400 (holiday pay)

Lessons & takeaways

  • If your employer changes the company paying you multiple times, check who is actually responsible for your employment rights.
  • Keep records of all communications and payslips, especially if wages are irregular or missing.
  • A tribunal can look behind a corporate structure to find the real employer if there is evidence of deliberate evasion.
  • You can bring claims for unpaid wages, holiday pay, and redundancy even if your employer claims not to be your employer.

This case shows how some employers use complex corporate structures to try to avoid their legal responsibilities. The night porter worked at a hotel for 14 years, but her employer changed several times through TUPE transfers and new companies. When she was furloughed during the pandemic, she stopped receiving full wages and payslips. Despite repeated promises from the man who ran the hotel, she was not paid properly for nearly two years. She eventually resigned, claiming constructive dismissal.

The maintenance man was told he was redundant in April 2021 but received no redundancy payment. Both claimants faced a maze of companies, but the tribunal identified Mohammad Zishan Zaman as the true employer. He had directed the furlough and made promises to pay, and the tribunal found he deliberately created the complex structure to obscure his role.

What the employer could have done differently

If the employer had paid wages correctly, provided payslips, and made redundancy payments, these claims could have been avoided. Instead, the tribunal found that the Fifth Respondent was the real employer and liable for all the awards. The employer did not attend the hearing, which meant the tribunal accepted the claimants' evidence.

Why this matters for similar claims

This case is a reminder that tribunals will look at the reality of the employment relationship, not just the paperwork. If you work for a company that changes names or owners frequently, or if your pay comes from different entities, you may still have rights against the person who actually controls your work. The awards here were relatively modest, but the principle is important: employers cannot hide behind a corporate shell to avoid paying what is owed.

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