Chapman v Chapman Spooner Ltd (In Voluntary Liquidation) & Anor [1996] UKEAT 979_95_0210 (2 October 1996)

Chapman v Chapman Spooner Ltd (In Voluntary Liquidation) & Anor [1996] UKEAT 979_95_0210 (2 October 1996)

The Industrial Tribunal's finding that the appellant was not an employee was not perverse; the appellant had virtually complete control of the company and was not subject to control by a board or anyone else.

Citation
[1996] UKEAT 979_95_0210
Parties
Appellant: Mr Chapman; Company: Chapman Spooner Ltd; Financial Backer: Mr Wetton; 2nd Respondent: Secretary of State for Employment; 1st Respondent: Employment Department
Jurisdiction
United Kingdom
Judgment Date
02 October 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Redundancy Payment, Employee Status, Majority Shareholder as Employee
Employment Law Redundancy Payment Employee Status Majority Shareholder as Employee

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Chapman

Appellant

Chapman Spooner Ltd

Company

Mr Wetton

Financial Backer

Secretary of State for Employment

2nd Respondent

Employment Department

1st Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the appellant was an employee of the company within the meaning of Section 153(1) of the Employment Protection (Consolidation) Act 1978
  2. 2 Whether the Industrial Tribunal's decision was perverse

Ratio Decidendi

The Industrial Tribunal's finding that the appellant was not an employee was not perverse; the appellant had virtually complete control of the company and was not subject to control by a board or anyone else.

Court Disposition

appeal dismissed

Orders

  • No jurisdiction to interfere with Industrial Tribunal decision