Claimant v Apex Photo Agency Limited (In Creditor's Voluntary Liquidation)
Outcome
Individual claims
The tribunal concluded the claimant was not an employee of R1 but a sole director/shareholder without a contract of employment. Without employee status, no entitlement to statutory payments arose. The reconsideration application was dismissed as it raised no new evidence to imply an employment contract.
Facts
The claimant was the sole director and shareholder of Apex Photo Agency Limited, which entered creditors' voluntary liquidation. He claimed he was also an employee entitled to statutory payments from the Secretary of State. The claimant never had a written contract of employment but argued an oral or implied contract existed based on PAYE payments and work performed.
Decision
The tribunal dismissed the reconsideration application, confirming the claimant was not an employee. As sole director/shareholder without a written contract, compelling evidence was required to imply employment, which was not present. The arguments raised in the reconsideration were already considered at the original hearing.
Practical note
Sole director/shareholders seeking to establish employee status require compelling evidence of an employment contract, particularly where no written contract exists and payments are inconsistent with employment (e.g., below national minimum wage).
Legal authorities cited
Case details
- Case number
- 6020405/2024
- Decision date
- 21 November 2025
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- media
- Represented
- No
Employment details
- Role
- Director/Shareholder
Claimant representation
- Represented
- No