Source: All England Reporter
Publisher Citation: [2009] All ER (D) 134 (Mar)
Court: Employment Appeal Tribunal

Judge Peter Clark

Representation Edward Legard (instructed by Archers Law LLP) for the claimant.
  Thomas Kibling (instructed by DLA Piper LLP) for the respondent.
Judgment Dates: 6 January 2009


Employment - Continuity - Transfer of trade, business or undertaking - Claimant trading in accountancy partnership with another individual - Partnership merging with three trading companies - Claimant entering into shareholder agreement with respondent - Whether claimant's employee status established.

The Case

Employment Continuity. Employment Appeal Tribunal: On the facts, the employment tribunal had been entitled to find that the claimant had been a partner and not an employee of an accountancy firm in circumstances where that partnership traded through limited companies under the terms of a shareholders agreement, which itself claimed not to constituted a partnership.

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