Friday, 19 September 2008

Employment Status of Directors / Majority Shareholders of a Company

The President of the Employment Tribunals, HHJ Meeran QC, has issued a Practice Direction staying all claims which involve the question of when a director and majority shareholder of a company qualifies as an employee of that company.

These claims will all be stayed until after the Court of Appeal gives judgment on this issue (in Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld). The Court of Appeal hearing is currently listed for hearing on 3rd and 4th December 2008.

The Practice Direction requires it to be posted on www.employmenttribbunals.gov.uk - but it is not yet up there.

[Thanks to Malcolm Glazier of ELAS for telling me about this]

1 comment:

James Fairchild said...

Does anyone know when this judgment might be published please? I have spent the past couple of months thinking "any day now".

A client of mine is the respondent in a similar case, and although a stay has been given, it would be useful to my client to know when their case might proceed.