Automated Summary
Key Facts
The Claimant, Mr Caicedo Zambrano, was not an employee of Greenbay Supermarket Limited at the time of its creditors' voluntary liquidation on 15 June 2023, rendering him ineligible for National Insurance Fund payments under the Employment Rights Act 1996.
Issues
The tribunal considered whether the claimant was an employee of the First Respondent under section 230 of the Employment Rights Act 1996 at the time of the company's liquidation on 15 June 2023. The judgment found that he was not an employee, and therefore he did not qualify for payments from the National Insurance Fund under sections 182-186 of the Act.
Holdings
- The Claimant, not being an employee, does not qualify for payments from the National Insurance Fund in accordance with s182 – s186 Employment Rights Act 1996.
- At the time the First Respondent went into creditors' voluntary liquidation on 15 June 2023, the Claimant was not an employee of the First Respondent in accordance with s230 Employment Rights Act 1996.
Legal Principles
The tribunal held the claimant was not an employee under section 230 of the Employment Rights Act 1996 at the time of liquidation, disqualifying him from National Insurance Fund payments under sections 182-186.
Cited Statute
- Sections 182-186 of the Employment Rights Act 1996
- Section 230 of the Employment Rights Act 1996
Judge Name
Bradford
Passage Text
- The Claimant, not being an employee, does not qualify for payments from the National Insurance Fund in accordance with s182 – s186 Employment Rights Act 1996.
- At the time the First Respondent went into creditors' voluntary liquidation on 15 June 2023, the Claimant was not an employee of the First Respondent in accordance with s230 Employment Rights Act 1996.