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Can I personally appeal against an appeal judgment?
3 Answers
The issue - worked as MD for an organisation for 12 months, was on the board for over 3 years. Change of Chairman, I got dismissed (whilst off sick) having submitted a grievance. Made a claim for unfair dismissal, had preliminary hearing to ascertain whether or not I was an employee for 12 months - found in my favour. The company knew that they didn't have a leg to stand on with regards to the unfair dismissal as they hadn't followed any procedures at all, so they decided to go for an illegality claim against my contract - they won. I appealed to the EAT and judgement has just been passed that the case relied on at the preliminary hearing was to stand. There are a number of points (very important and relevant) that seem to have been missed.
Can I appeal against the judgement myself or do I need to use a Barrister? I have until the 27th June to appeal.
The judgement is in my favour that I was unfairly dismissed but I cannot bring a claim against the company because of the alleged illegality.
Can I appeal against the judgement myself or do I need to use a Barrister? I have until the 27th June to appeal.
The judgement is in my favour that I was unfairly dismissed but I cannot bring a claim against the company because of the alleged illegality.
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.I was a Board Director and after the removal of our MD I was asked if I would 'look after' the organisation for 3 months - I was given the choice to either invoice the organisation through my own Ltd Company or be paid via PAYE - I chose to invoice through my Company. The Chairman of the tribunal decided that as an experienced business woman, I set this arrangement up for the fiscal advantages - I absolutely did not 'set this up' and, according to the IR - as a Board Member taking over the role of MD I automatically became an office holder and therefore should have not been given the choice by the organisation, they should have paid me via PAYE from day 1 and as the employer, it was their responsibility to determine my status for payment not mine - therefore my argument is that both parties are wrong because we all should have known that this was the case.
Thank you for your time, I really appreciate it.
Thank you for your time, I really appreciate it.
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