Page 6 - ELG2312 Dec Issue 487

NEWS .

The company you keep

Disabled teacher wins case against school, but who owes him the money?

Melanie Butler reports…
A
Bournemouth language
school, United World
School of English, was
found responsible for
disability-related harassment,
constructive dismissal, and
wrongful dismissal on 2 October
this year. The company, United
World School of English Limited
(UWS), was ordered to pay £22,000
to Mike Long who had taught at
the school for 20 years.
According to the Union, ‘When
the school underwent a change
of ownership, Mr Long became
concerned that the new owners
brought a culture of pressure and
intimidation. As Mr Long has
suffered from depression and lives
with anxiety, he raised his concerns section 6 of the Equality Act 2010 subsidiary’s Duty of Care, where Note that, according to the
that the actions of the new owners at all material times [...] The the parent company played a role records at Companies House,
were impacting his condition.’ impairment is Anxiety.’ in managing the operations. The the decision to switch ownership
The Gazette can bear witness to Shortly afterwards, on 15 May, parent’s liability depends on ‘what was made well before the tribunal
Mr Long’s state of mind. He reached a Confirmation Statement was its directors knew or ought to began and this legal path now
out to us in 2021 on a number of posed at Companies House, have known; and what action was seems closed.
issues including the new contract recording the transfer of 100% of taken or not taken.’ The Union’s lawyers remain
he had felt pressured to sign. the shares from Language Training While not yet insolvent, United confident they will succeed in
We checked on the government to Maria Isabel Morgan agreed in World School of English is in no obtaining the payment.
register of businesses, Companies December 2022. UWS was listed financial position to meet the court Mike Long himself has a different
House, and found that the original as ‘non-trading’. order to pay. Its latest accounts priority: “The money doesn’t
company, United World School In September, when the final uploaded on 30 October show cash matter to me. I just wanted the
of English 2 Limited (company hearing took place, UWS had a new in hand or at bank of £2153 and management of the school to realise
number: 04649886) had ceased legal owner. The Tribunal found in debts totalling over £144,000. how important the understanding
trading in 2019. favour of Mr Long and ordered UWS Had Language Training still of mental health issues is.
A new company, United World to pay him £22,000. According to been the parent company at the ‘Hopefully, others that suffer in
School of English (12278482), the Union, ‘United World claimed time of the judgement, Mike Long similar ways, can take some solace
had been incorporated that insolvency immediately prior to the could have taken them to court. in the fact that it’s worth the fight.
October. Then, on 16 December judgement.’ Its last company accounts shows I’ve come out of it with my head
2020, the 100% shareholding At the time of writing UWS have £264,585 cash, and assets, net of held high and a reaffirmed belief
previously held by Maria Isabella not filed for insolvency, though its current liabilities, of £838,752. in my future.’
Morgan had been transferred to insolvency practitioner assured us
The Language Training Co Dorset that the matter was in hand. Stop Press!
Limited (07540981) of which she On 22 October, we raised the On 30November, a Voluntary Liquidator was appointed for United

was majority shareholder. UWS had ownership issue with Maria Isabel World School of English Ltd, according to Companies House.
become a wholly-owned subsidiary Morgan. She replied, ‘I have According to the Statement of Affairs, also lodged at Companies
of Language Training. two businesses registered on House, the company had zero assets and owed £166,000 to four
The matter of company Companies House in my name creditors as follows:
ownership again raised its head [...] Please do not tenuously link Lloyd’s Bank £36,926.21
earlier this year when, after a two- my other company The Language Michael Long £22,282.93
year campaign, involving public Training co. into this situation. Maria Isabel Morgan £3607.68
action from both the TEFL Union It is completely irrelevant.’ The Language Training Co Dorset Ltd £103,359.92.
and Disability campaigners, the Under English law, however,
case of M Long v United World the question as to whether a On Google Maps, a private language school known as The Language
School of English Ltd came to respondent is a wholly-owned Training Co. is shown as currently trading at Brandon & Clifton
court. subsidiary of a parent company House, 44-46 St Peter’s Road, Bournemouth, previously the location
The first judgement in the case, may be relevant to the question of United World School of English. A photograph on the listing of a
sent to both parties on 25 April, of who is liable to pay. In 2021, barbecue dated September 2023 with a sign reading ‘United World
School of English’ clearly shown on the building confirms this.
dealt with Mr Long’s disability. the UK Supreme Court ruled
The TEFL Union has confirmed to the Gazette that its lawyers still
It reads: ‘The Claimant was a that a parent company can be expect to obtain at least part of the money owed to Mike Long.
disabled person as defined by held liable for any failings in a
6 December 2023