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Employment – 'Worker'. The Secretary of State for Business, Innovation and Skills appealed to the Employment Appeal Tribunal against a finding of the employment tribunal that the claimant had been an employee of an insolvent company, for which she had been the sole-owner, prior to it becoming insolvent and therefore entitled to a redundancy payment pursuant to s 166 of the Employment Rights Act 1996. The Employment Appeal Tribunal held that, despite the claimant not having enforced her contractual right to the payment of a salary in the two years prior to insolvency, the tribunal had been entitled, on the facts, to find that the claimant had been an employee at the material time.
Employment – 'Worker'. The Secretary of State for Business, Innovation and Skills appealed to the Employment Appeal Tribunal against a finding of the employment tribunal that the claimant had been an employee of an insolvent company, for which she had been the sole-owner, prior to it becoming insolvent and therefore entitled to a redundancy payment pursuant to s 166 of the Employment Rights Act 1996. The Employment Appeal Tribunal held that, despite the claimant not having enforced her contractual right to the payment of a salary in the two years prior to insolvency, the tribunal had been entitled, on the facts, to find that the claimant had been an employee at the material time.
The Chair of the Bar reports back
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