The Department for Employment and Learning v Richard James Morgan

  • Case Reference
    [2016] NICA 2
  • Legal Body
    NI Court of Appeal (NICA)
  • Type of Claim / Jurisdiction
    Redundancy and Reorganisation, Contracts of Employment
Issues covered: Employment Status; Employee Director; Dividend Scheme; Redundancy Payment

The claimant was employed by Saville Tractors (Belfast) Limited on 20 November 1989 as a management accountant under a contract of employment. In 2008 he became a 50% shareholder as the owners were retiring. When the company ceased trading due to an unpaid VAT bill, Mr Morgan claimed a redundancy payment, notice pay, holiday pay and arrears of wages of £267.31 under insolvency provisions. The Department for Employment and Learning resisted the claim, believing Mr Morgan was not an employee in law and therefore not entitled to those payments from the state if his 'employer' could not afford to

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today
This article is correct at 11/03/2016
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL
Barrister

The main content of this article was provided by John Taggart BL. Contact telephone number is 07525 020288 or email jtaggart11@qub.ac.uk

View all articles by John Taggart BL