Train v DTE Business Advisory Services Ltd and Associated Co (T/A DTE Chartered Accountants) and others: EAT 6 Jan 2009

EAT JURISDICTIONAL POINTS: Worker, employee or neither
Whether an accountant was a partner or employee in circumstances where a former partnership traded through limited companies under the terms of a Shareholders Agreement, itself said not to constitute a partnership.
On the particular facts the Employment Tribunal were entitled to find that he was a partner and not an employee. Thus his Age Discrimination claim could proceed (see reg. 17 Employment Equality (Age) Regulations 2006) but not that of Unfair Dismissal.

Citations:

[2009] UKEAT 0201 – 08 – 0601

Links:

Bailii

Employment

Updated: 23 July 2022; Ref: scu.304518