Clark v (1) Clark Construction Initiatives Ltd (2) Utility Consultancy Services Ltd - Holding a controlling shareholding cannot, of itself, preclude individual from being employee [2008] EAT

Mr Clark was dismissed from the business he had originally set up and brought, amongst other compliants, a claim for unfair dismissal. He had for some time been the controlling shareholder. An employment tribunal considered that during this time Mr Clark was not an employee of the company. Although he had eventually transferred that majority shareholding to others, and was then an employee, this was less than 12 months before his dismissal.

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