Bakersfield Entertainment Ltd v Church, Stuart: EAT 3 Nov 2005

EAT Unfair Dismissal – Illegality/Fraud. The Employment Tribunal Chairman erred in holding that the contracts of employment were not illegal when the employee-directors of the Respondent company agreed to set up a scheme whereby 50% of what was properly found to be salary was paid gross to fictitious service providers and not declared for tax and NI. Remitted to the same Chairman to determine whether the Claimants knowingly substantially participated in the illegality disentitling them from enforcement of claims of unfair dismissal, wrongful dismissal and unlawful deductions.

Judges:

His Honour Judge Mcmullen Qc

Citations:

UKEAT/0523/05/ZT

Links:

EAT

Jurisdiction:

England and Wales

Employment

Updated: 29 March 2022; Ref: scu.257645