Appeal No.	 EAT/241/97

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 12 November 1997

Before
HIS HONOUR JUDGE B HARGROVE QC
MR A D TUFFIN CBE
MRS R A VICKERS

MR K ATHWAL	APPELLANT

SECRETARY OF STATE FOR TRADE & INDUSTRY	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellant	MS I SIMLER
(of Counsel)
Appearing under the
Employment Law Appeal
Advice Scheme	

	JUDGE B HARGROVE QC:  Simmer Ltd was a Company controlled by the Appellant, through his 72% shareholding, which went into liquidation.  He wanted to make a claim for redundancy payment.  The Respondent refused on the ground that the Appellant was not employed.  

	The Tribunal referred to Eaton v Secretary of State for Employment [1988] IRLR 83 and Niv v Secretary of State for Employment [1993] and it considered the differing accounts given by or on behalf of the Appellant.  

	The Tribunal may not have expressed itself in very precise terms, but it is quite clear that, having considered the fact that there was a service contract and that there was a P60 and having alluded to the question of control, they reached the conclusion that he was not an employee.  

	The matters which are raised on this appeal, although appearing at first sight to have the appearance of points of law, are no more than attempts to maintain that the Tribunal should have reached a different finding of fact.

	The claim that the Tribunal misapplied and misdirected itself is not made out and accordingly, there is no arguable case here and it is dismissed.