Trussed Steel Concrete Ltd v Green: 1946

A company director required to work full time for the company in return for a salary may be an employee: ‘… the question I have to consider is . . whether a managing director serving under a contract such as that by which Mr Green is bound is a person employed in the undertaking within the meaning of the Essential Work (General Provisions) No. 2) Order, 142. My attention has been called to a number of cases in which in certain contexts managing directors have been held not to be in the one case servants and in another case in the employment of a company . . I think the right way of stating the conclusion I have reached is that there is nothing to prevent me giving to the words ‘persons employed in the undertaking’ in cl. 2 of the Essential Work (General Provisions) No. 2) Order, 1942, a wide meaning.’


Cohen J


[1946] 1 Ch 115


Essential Work (General Provisions) No. 2) Order 1942


England and Wales


ApprovedAnderson v James Sutherland (Peterhead) Ltd 1941
The court discussed the authorities on the question of whether a managing director of a company was an employee or contractor. ‘Each of the decisions was given in cases where the context played a vital part in the conclusions arrived at.’ . .

Cited by:

CitedUltraframe UK Limited v Clayton, Fielding and Others ChD 3-Oct-2002
The claimants asserted infringement of their registered design rights in parts used in their double glazing and conservatory units. ‘Therefore it is possible for design right to subsist in the design of the part of the article which is not excluded . .
CitedPercy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
Lists of cited by and citing cases may be incomplete.


Updated: 09 May 2022; Ref: scu.191131