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Employment status: No rule of law as to majority shareholder's employment status

This report relates to 1 case(s)

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    Fleming v Secretary of State for Trade and Industry [1997] IRLR 682 CS (0 other reports)

In Fleming v Secretary of State for Trade and Industry [1997] IRLR 682, the Court of Session rejects the proposition that a majority shareholder can never be an employee for the purposes of the employment protection legislation. The fact of majority shareholding is a relevant factor in determining employment status, and may even be decisive, the Court holds, but it is only one of a number of factors to be considered in each case.