It often arises in the context of a claim for guaranteed
debts on the company's insolvency, but in Clarke v Clarke Construction Initiatives Ltd [2008] UKEAT / 225/07 it arose in a more straightforward context of a claim for unfair
dismissal and certain other ancillary employment rights
only available to an «employee» as defined in the Employment Rights Act 1996 (ERA 1996), s 230.