Beckett v MCH Design and Shopfitting Lim... Department for Employment and ... [2011] NIIT 00640_11IT (07 September 2011)

Beckett v MCH Design and Shopfitting Lim... Department for Employment and ... [2011] NIIT 00640_11IT (07 September 2011)

The claimant remained an employee within the meaning of Article 3 of the Employment Rights (Northern Ireland) Order 1996 despite being a director and shareholder, as his role, remuneration, and the conduct of the parties were consistent with a contract of employment and not displaced by his shareholding or directorship.

Citation
[2011] NIIT 00640_11IT
Parties
Claimant: William Edward Dean Beckett; First Respondent: MCH Design and Shopfitting Limited (in liquidation); Second Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
07 September 2011
Procedural Posture
Employment Tribunal / Final Decision on Employee Status and Entitlement to Redundancy Payment
Outcome
Claimant declared an employee and entitled to redundancy payment; quantum to be determined at a further hearing if not agreed.
Legal Topics
Redundancy Payment, Employee Status, Director as Employee, Contract of Employment, Shareholder Rights
Employment Law Redundancy Payment Employee Status Director as Employee Contract of Employment Shareholder Rights

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Parties

William Edward Dean Beckett

Claimant

MCH Design and Shopfitting Limited (in liquidation)

First Respondent

Department for Employment and Learning

Second Respondent

Procedural Posture

Employment Tribunal / Final Decision on Employee Status and Entitlement to Redundancy Payment

Legal Issues

  1. 1 Whether the claimant was an employee within the meaning of Article 3 of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the claimant is entitled to a redundancy payment

Ratio Decidendi

The claimant remained an employee within the meaning of Article 3 of the Employment Rights (Northern Ireland) Order 1996 despite being a director and shareholder, as his role, remuneration, and the conduct of the parties were consistent with a contract of employment and not displaced by his shareholding or directorship.

Court Disposition

Claimant declared an employee and entitled to redundancy payment; quantum to be determined at a further hearing if not agreed.

Orders

  • Claimant is entitled to a redundancy payment from the first respondent.
  • If the parties do not agree on the amount, the matter shall be re-listed for a hearing to calculate the redundancy payment.