McAteer v Alta Data Systems (N.I.) Ltd [2007] NIIT 9204_03 (12 February 2007)

McAteer v Alta Data Systems (N.I.) Ltd [2007] NIIT 9204_03 (12 February 2007)

The applicant was an employee as defined by Article 3 of the Employment Rights (Northern Ireland) Order 1996 because he performed regular, remunerated duties as finance director, was subject to PAYE and National Insurance, and the relationship exhibited mutuality of obligation and sufficient control, notwithstanding...

Source-derived case information.

Citation
[2007] NIIT 9204_03
Parties
Claimant: Daniel McAteer; Respondent: Alta Data Systems (N. I.) Limited
Jurisdiction
Northern Ireland
Judgment Date
12 February 2007
Procedural Posture
Industrial Tribunal Pre Hearing Review / Jurisdictional Determination
Outcome
Tribunal has jurisdiction to entertain the applicant's complaint of unfair dismissal as he is an employee.
Legal Topics
Employee Status, Unfair Dismissal, Director as Employee, Contract of Employment, PAYE and National Insurance
Employment Law Employee Status Unfair Dismissal Director as Employee Contract of Employment PAYE and National Insurance

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Parties

Daniel McAteer

Claimant

Alta Data Systems (N. I.) Limited

Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Jurisdictional Determination

Legal Issues

  1. 1 Whether the applicant, a director, was also an employee of the respondent company for the purposes of unfair dismissal under the Employment Rights (Northern Ireland) Order 1996.

Ratio Decidendi

The applicant was an employee as defined by Article 3 of the Employment Rights (Northern Ireland) Order 1996 because he performed regular, remunerated duties as finance director, was subject to PAYE and National Insurance, and the relationship exhibited mutuality of obligation and sufficient control, notwithstanding his status as director and provider of separate professional services.

Court Disposition

Tribunal has jurisdiction to entertain the applicant's complaint of unfair dismissal as he is an employee.