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Fleming v Sec'y of State (DTI) CS 1997

Fleming v Sec'y of State (DTI) CS [1997] IRLR 682 (Court of Session) on 25th July 1997

Case Summary

Authority for the proposition that:

there is no rule of law that a person who is a controlling shareholder and director of a company cannot also be an "employee" for the purpose of claiming payments from the Secretary of State in the event of the company becoming insolvent. Whether such a person is or is not an "employee" (and can therefore justify a claim) depends on the facts of the particular case; and

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