Train v.DTE Business Advisory Services Ltd & Associated Co.(t/a Dte Chartered Accountants) & Ors [2009] UKEAT 0201_08_0601 (6 January 2009)

Train v.DTE Business Advisory Services Ltd & Associated Co.(t/a Dte Chartered Accountants) & Ors [2009] UKEAT 0201_08_0601 (6 January 2009)

On the facts, the tribunal was entitled to find that the claimant was a partner and not an employee, as the Shareholders Agreement regulated a profit-sharing partnership despite references to employment, and the indicia of employment were insufficient to override the true nature of the relationship.

Citation
[2009] UKEAT 0201_08_0601
Parties
Claimant: Mr Keith Train; First Respondent: DTE Business Advisory Services Ltd (BAS) and Associated Companies; Second Respondent: Mr Stephen Rosen
Jurisdiction
United Kingdom
Judgment Date
06 January 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review
Outcome
Appeal dismissed
Legal Topics
Employee Status, Partnership Status, Unfair Dismissal, Age Discrimination
Employment Law Partnership Law Employee Status Partnership Status Unfair Dismissal Age Discrimination

Case Brief

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Parties

Mr Keith Train

Claimant

DTE Business Advisory Services Ltd (BAS) and Associated Companies

First Respondent

Mr Stephen Rosen

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant was an employee or a partner for the purposes of employment protection legislation
  2. 2 Whether the claimant could bring a claim for unfair dismissal and/or age discrimination

Ratio Decidendi

On the facts, the tribunal was entitled to find that the claimant was a partner and not an employee, as the Shareholders Agreement regulated a profit-sharing partnership despite references to employment, and the indicia of employment were insufficient to override the true nature of the relationship.

Court Disposition

Appeal dismissed

Orders

  • The claimant's appeal is dismissed.
  • The finding that the claimant was not an employee stands.