Neufield v (1) A&N Communications in Printed (2) Secretary of State for Trade & Industry - does being a shareholder and a director preclude an individual from also being an employee? - EAT 11.4.08
Mr Neufeld made a claim against the Secretary of State for redundancy payment under Employment Rights Act 1996 s.182 when A&N became insolvent. Mr Neufield had an oral contract of employment as a salesman. However he was also a director of A&N and had a 90% shareholding in the company. The employment tribunal concluded that he was not an employee, and the SofS had therefore been correct to refuse a payment. Mr Neufield appealed and has won.