This is a preview. To continue reading please log in or Register to read this article

Employment status: Controlling shareholder is not an "employee"

This report relates to 1 case(s)

  • expand disabled

    Buchan v Secretary of State for Employment [1997] IRLR 80 EAT (0 other reports)

In Buchan v Secretary of State for Employment and Ivey v Secretary of State for Employment [1997] IRLR 80, the EAT holds that a controlling shareholder can never be an "employee" for the purposes of the employment protection legislation. It would be inconsistent with the purpose of that legislation to extend protection to persons who are able to prevent their own dismissal by virtue of a controlling interest in the shares of a company.