When will a director and shareholder of a company be considered an employee/worker?

In the recent case of Rainford v. Dorset Aquatics Ltd, the EAT upheld a decision that a director and shareholder of a company was not also an employee/worker under the Employment Rights Act 1996. The Claimant, therefore, was not entitled to claim for unfair dismissal, notice pay, unlawful deductions and holiday pay. This case offers further clarification on what the tribunal will consider when determining the question of employment status. We look at this case on our website.