| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 156 (Apr) |
| Court: | Employment Appeal Tribunal |
| Judge: | Judge McMullen QC |
| Representation | Clive Jones (instructed by Gray Purdue) for the claimant. |
| The first respondent did not appear and was not represented. | |
| John O'Flaherty (instructed by the Treasury Solicitor, Employment Law Team) for the Secretary of State. | |
| Judgment Dates: | 11 April 2008 |
Catchwords
Employment - Employee - Controlling shareholder of company - Claimant being controlling shareholder of first respondent company - Claimant making claim for redundancy related payments following insolvency of first respondent - Employment tribunal finding claimant not employee - Whether tribunal erring - , .
The Case
In determining whether an individual was an employee, the agreement between the parties and the manner in which that agreement was performed fell to be examined. That the parties had other relationships such as shareholder, managing director, creditor or guarantor was relevant only to the extent that it reflected upon the conduct of the parties in carrying out the contract of employment.
Practice Areas
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