Claimant v Norwich Plastics Limited (in Liquidation)
Outcome
Individual claims
The tribunal found the claimant was not an employee within the meaning of section 230 ERA 1996. She was the sole director and shareholder, controlled all aspects of the business, had no one to supervise or dismiss her, paid herself below minimum wage with substantial dividends, and had a director's loan outstanding. These factors consistently pointed to her being a director, not an employee entitled to payments from the National Insurance Fund.
The tribunal found the claimant was not an employee within the meaning of section 230 ERA 1996, and therefore not entitled to holiday pay from the National Insurance Fund. She granted herself 40 days holiday per year, decided her own sick pay, and was in complete control of her own terms, inconsistent with employee status.
Facts
The claimant was the sole director and shareholder of Norwich Plastics Limited following the death of her brother in 2017. The company entered liquidation on 25 April 2023. She claimed redundancy pay and holiday pay from the National Insurance Fund, asserting she was an employee working 40 hours per week at £750 per week. However, evidence showed she paid herself well below minimum wage (P60s showing £9,695-£12,408 annually), received substantial dividends, had a director's loan, made all business decisions, had no supervision, and could not be dismissed by anyone.
Decision
The tribunal held the claimant was not an employee within the meaning of section 230 ERA 1996, but was a director in control of her own destiny. The discrepancy between claimed and actual wages, receipt of dividends, existence of a director's loan, complete autonomy in decision-making, and absence of any control, supervision or disciplinary procedures all pointed consistently to director rather than employee status. Therefore, her claims for redundancy pay and holiday pay from the National Insurance Fund failed.
Practical note
A sole director and shareholder who exercises complete control over a company, pays themselves below minimum wage while taking dividends, and has no supervision or disciplinary procedures will not be considered an employee entitled to statutory payments from the National Insurance Fund upon insolvency.
Legal authorities cited
Statutes
Case details
- Case number
- 3311049/2023
- Decision date
- 12 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Role
- Director and Sole Shareholder
- Salary band
- Under £15,000
Claimant representation
- Represented
- No