There is a broad principle that a person cannot simultaneously have two employers, subject to an exception for the case of a person having two ‘compatible’ employments (although the reasoning behind that exception was doubted because it came from the different policy context of a vicarious liability case rather than one dealing with employment rights). On the facts of this particular claim for unfair dismissal by a fire-fighter, the claimant was not employed by the union as well as by the fire brigade, according to the EAT.
Fire Brigades Union v Embery [2023] EAT 51
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