Ashby v Monterry Designs Ltd UKEAT/0226/08/CEA

Posted: 11th January 2010

The Employment Appeal Tribunal has held that a director was also an employee of the company she in part owned, under section 230 of the Employment Rights Act 1996. The case follows the recent Court of Appeal decision in Secretary of State for Business Enterprise and Regulatory Reform v Neufeld and Howe [2009] EWCA Civ 280 where a director's shareholding was not considered to be a determining factor in deciding whether a director was also an employee. 

Timothy Brown successfully appeared on behalf of the appellant.