Ellis v Joseph Ellis and Co (Roberts and Taylor, Surviving Partners)

[1905] 1 K.B. 324

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(Judgment by: Cozens-Hardy LJ)

Between: Ellis
And: Joseph Ellis and Co (Roberts and Taylor, Surviving Partners)

Court:

Judges: Collins MR
Mathew LJ

Cozens-Hardy LJ

Subject References:
EMPLOYER AND WORKMAN
Workmen's Compensation
Partner working at Wages

Legislative References:
Workmen's Compensation Act, 1897 (60 & 61 Vict. c. 37) - s. 1, sub-s. 1, and s. 7, sub-s. 2

Judgment date: 12 January 1905

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Judgment by:
Cozens-Hardy LJ

I am of the same opinion. It was urged upon us that the effects of deciding against the claim in this case would be very far-reaching, because many companies give the workmen employed by them a share of profits. But in those cases the companies would generally be incorporated. All that our decision in this case amounts to, I think, is that the Act only applies where there is on one side an employer, and on the other side a workman, who are different persons. That condition would be satisfied in the case of a workman employed by an incorporated company who receives a share of profits, but not in a case where a partner by arrangement with the other partners receives in return for work done by him sums of money, whether called salary, wages, or drawings, out of the partnership assets.

Appeal allowed.