The Department for Employment and Learning v Richard James Morgan

Posted In: Case Law
  • Case Reference
    [2016] NICA 2
  • Legal Body
    NI Court of Appeal (NICA)
  • Type of Claim / Jurisdiction
    Redundancy, 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 meet them. The original employment tribunal found for the claimant (the NICA found that the outcome

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This article is correct at 11/03/2016

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John Taggart BL

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