Mr S Monaghan v Resourcing People Limited and 1 other — 2025

The claimant brought a claim arising from the first respondent's insolvency and sought payment from the National Insurance Fund. The parties agreed that the issue for the Tribunal was whether the claimant was an employee. The Tribunal considered the claimant's evidence, the documents, and authorities on director and shareholder employment status.

The Tribunal found that the 2005 contract no longer reflected the reality of the relationship. It noted that the claimant, as director and 100% shareholder, paid himself through a combination of wages and dividends, that the wage evidence did not match the contractual salary, and that there was no clear evidence of wages being paid through the company bank statements in the relevant period.

The Tribunal also found that the claimant was in charge and in control of the company, was not subject to supervision, guidance, disciplinary control, or holiday approval in a way consistent with employee status. It concluded that he was not an employee or worker of the first respondent at the relevant time and dismissed the redundancy claim for lack of jurisdiction.