||All England Reporter
|| All ER (D) 136 (Apr)
|| EWCA Civ 543
||Court of Appeal, Civil Division
Etherton, Elias LJJ, and Sir Stephen Sedley
||Timothy Pitt-Payne QC and James McClelland (instructed by Speechly Bircham LLP) for the claimant.
||David Reade QC and Niran de Silva (instructed by Brian Harris & Co) for the employer.
||26 April 2012
Employment - Remuneration - Evidence of contract - Parties not finalising necessary actions to make claimant shareholder and director an employee of defendant company - Claimant subsequently bringing proceedings for unfair dismissal against company - Employment tribunal judge deciding that claimant could not proceed with claim as neither employee nor worker on basis that parties not agreeing on remuneration - Employment Appeal Tribunal finding judge erring - Employer appealing - Whether Employment Appeal Tribunal erring.
Employment Remuneration. The Court of Appeal, Civil Division, held that the Employment Appeal Tribunal had been right to find that employment tribunal had been wrong to rule that the unfair dismissal claim could not proceed on the basis that since no consideration had been agreed between the parties, the claimant was neither an employee or a worker for the purposes of the relevant sections of the .
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases