The claimant had been majority shareholder and a director of his company which had become insolvent owing him arrears of wages. He had successfully claimed re-imbursement of the arrears and redundancy pay, and notice and holiday pay from the appellant.
Held: Provided that the employment contract was not a sham, and was properly a contract of employment rather than a contract for services, the claims were proper. The details might deserve close investigation, and the circumstances would need to be continuing at the time of the insolvency.
Lord Justice Rix, Lord Justice Toulson and Lord Justice Rimer
[2009] EWCA Civ 280, Times 10-Apr-2009, [2009] ICR 1183, [2009] IRLR 475, [2009] BPIR 909, [2009] 3 All ER 790
Bailii
Employment Rights Act 1996 182
England and Wales
Employment, Company
Updated: 10 November 2021; Ref: scu.329545