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Case of the week: Employment status of directors and shareholders

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    Nesbitt and another v Secretary of State for Trade and Industry [2007] IRLR 847 EAT (0 other reports)

This week's case of the week, provided by Addleshaw Goddard, covers the employment status of directors and shareholders.

Nesbitt and Nesbitt v Secretary of State for Trade and Industry

When is a director and shareholder also an employee? In Nesbitt and Nesbitt v Secretary of State for Trade and Industry the Employment Appeal Tribunal (EAT) said that, in deciding this question, tribunals must have regard to all the circumstances and not just the issue of control.