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RT Coopers News
New Contact Numbers - May 2009
From Monday 1 June 2009, our contact numbers will change to:
Telephone Number: +44 (0)207 084 5739
Fax Number: +44 (0)207 481 4197
Our office address will remain as Telfords Yard, 6 -8 The Highway, London E1W 2BS. E-mail and website addresses will remain unchanged.
Thank you for your continued custom and if there are any queries, please do not hesitate to contact us.
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Launch of New Blog on Compromise Agreements - April 2009
RT Coopers recently launched a blog discussing the legal issues in connection with compromise agreements. It is a very comprehensive blog and contains a lot of useful information.
Visit http://www.adviceoncompromiseagreements.com/ for more details.
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TV Appearance - April 2009
Recently our trainee solicitor, Matthew Schrader, made a television appearance on behalf of the firm. Matthew was invited onto a legal affairs programme on a satelllite TV channel available on Sky to discuss various aspects of media and entertainment law. He discussed how musicians’ intellectual property rights could be protected in the UK, and provided a number of practical tips on the sort of issues that musicians should be made aware of when becoming contractually involved with record labels or publishing companies.
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New Niche Employment Law Website Launched - Compromise Agreements - February 2009
RT Coopers has recently launched the first of its niche websites. This website provides information on Compromise Agreements only and you can visit this website at http://www.employmentlawyersinlondon.com/. There is also a video explaining the standard terms of a Compromise Agreement at http://www.employmentlawyersinlondon.com/video.php and a blog that gives further information on Compromise Agreements at http://www.adviceoncompromiseagreements.com/.
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New Websites and Blogs for 2009 - January 2009
Happy New Year to you.
We have a number of websites and blogs to be launched shortly in relation to the legal service we offer in the UK. The purpose behind them is to make it easier for you to find niche information. Over the last two years, a number of our clients have been asking us for legal templates that they can use over and over again. We have been working on our online shop and this will be launched very soon. We will let you know as soon as it is launched and keep you posted on the launch dates for our new websites and blogs.
Legal News
Employment Law – Controlling Shareholder and Director Treated as an Employee? Employee Contract of Employment - April 2009
In the recent case of Neufeld and another v Secretary of State for Business, Enterprise and Regulatory Reform [2009] the court of appeal clarified the approach that should be adopted by employment tribunals when determining whether an 'employee' of an insolvent company enjoys the protection given under s.182 of the Employment Rights Act 1996 (“the Act”) in circumstances where the 'employee' was the controlling shareholder and a director of the company.
The claimants in this case were involved with a number of companies that went into insolvency. In each case, the only issue to be determined was whether each claimant was to be considered an 'employee' of the failed company in question.
In the event that the claimant was held to be an ‘employee’ they enjoyed the protection provided by s.182 of the Act. However, in each case under appeal the claimant in question was also the controlling shareholder and a director of the company. The Secretary of State requested the court to clarify the approach that should be adopted by employment tribunals when determining cases of these circumstances.
A number of issues arose:
§ Whether a controlling shareholder and director of a trading company could become an employee of the trading company by entering a contract of employment; and
§ If so, whether any guidelines existed to assist tribunals in deciding if such an individual had become an employee.
The appeals were dismissed.
It was held that, in principle, there was no reason why an individual who was both a shareholder and a director of a company could not simultaneously be an employee of the company under a contract of employment.
Furthermore, it was also held that, in principle, there was no reason why an individual whose shareholding in the company gave him control of it, even 100% control, could also not be an employee of the company under a contract of employment. Therefore, an individual whose economic interest in a company meant that he was in practice properly to be regarded as the 'owner' could also be an employee of that company. More
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