Commentary

(e) Payments to the worker otherwise than in his capacity of worker

Division BI Pay
| Commentary

(e) Payments to the worker otherwise than in his capacity of worker

| Commentary

(e)     Payments to the worker otherwise than in his capacity of worker

ERA 1996 s 27(2)(e) excludes 'any payment to the worker otherwise than in his capacity as a worker'. This phrase was considered in Nosworthy v Instinctif Partners Ltd UKEAT/0100/18 (28 February 2019, unreported). The case concerned a dispute over the claimant's entitlement under a share sale agreement to certain earnout payments and loan notes following the sale of some shares by the claimant to IP Ltd. Although there was no dispute that the claimant had a contract of employment and so was a worker,

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