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Ash
Ash, Solicitor
Category: Employment Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My business partner abused his position of Director of our

Customer Question

My business partner abused his position of Director of our company and landlord of the property where our business traded.
He witheld revenue for our business & evicted for non payment within 8 days.
A fellow Just Answer solicitor has advised me on the situation.

I would like to know if he was within his rights to re-employ our staff prior to notifying me that our company had ceased trading and been evicted.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ash replied 3 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Do you mean within the same company or different one please?
Customer: replied 2 years ago.

Good evening


 


Apologies for late response.


 


The company they have re employed my staff under is the new one.


 


This "new"company was incorporated 21/10/13..I was still actively working in the salon as our own company and had no clue that my business partner & his wife whom worked with us had done this.


 


He witheld revenue, bounced the rent to himself as landlord...evicted our business and re let to his wife...the new company.


 


In the email I received informing me of this, he clearly states that our staff were aware of the situation, had been offered new contracts with the new tenant and had accepted the positions.


 


Is this lawful?


 


I appreciate this may be confusing to read.. are you able to access my correspondence with your fellow just answer solicitor? It may clarify the matter.


 


Kind Regards


 


 


 

Expert:  Ash replied 2 years ago.
It is not illegal. Is it a breach of his duties to your old cmpany and could he be poaching business assets - that may be the case,

But in itself it is not illegal. You could of course take action against him as a shareholder and/or director.

Alex

Customer: replied 2 years ago.

He has breached the majority of his duties,. and until the eviction action, the options were for me to take it through the courts.. I do not have the funds to be able to do this.


 


The action you mention, is this a civil litigation matter?


 


Action fraud have now been informed as advised by numerous solicitors.


 


I am bemused as to how it is deemed acceptable to behave in the manner my business partner and his wife have.. and to how they will only be held accountable if I pursue through the courts?


 


 


 


 

Expert:  Ash replied 2 years ago.
Yes this would be civil litigation and it may be a criminal offence.

This is because it is a civil matter. If he has breached duties under the Companies Act then it is possible the BIS may prosecute.

Alex

Customer: replied 2 years ago.

Thankyou.


 


Civil litigation would result in costs for me?


 


Do I need to report any of this to BIS..if so, how?


 


What or who would determine if this was a criminal offence?


 


Rebecca


 


 

Expert:  Ash replied 2 years ago.
If any claim is for £10,000 or less it would be a small claim. if it is over £10,000 then you would need a lawyer as there are Court procedure to follow.

BIS details:

Address: 1 Victoria St, London SW1H 0ET
Phone:020 7215 5000

It would be BIS who would decide if criminal offence.

Alex

Customer: replied 2 years ago.

I will look into this.


 


With regard to the "claim"... what would I be claiming for?


 


The business has ceased trading, there are debts accruing all of which are deliberate on his part..


 


He has simply given the building to his wife and changed the name, continued to trade with our staff and pushed me out of my own business.


 


There is no money in the company, the accountant refuses to correspond with me or answer any discrepancies regarding the accounts.


 


Am I claiming for me personally, or on behalf of the business?


 


If it is the business, surely he will benefit from a claim?


 


I apologise if I am misunderstanding everything, I have been fighting this since September and have had very little support.


 


 

Expert:  Ash replied 2 years ago.
To be fair you did ask for low detail and low urgency and the fee you paid reflects that. You would be claiming for breach of duty to the company. You are claiming personally.

I hope this helps.


Alex

Customer: replied 2 years ago.

Apologies, you misunderstood.


 


I paid for advice earlier in the week, urgent with maximum detail with a fellow solicitor.


 


I was then offered 7 days unlimited before our next payment is taken.


 


My statement re lack of support was not actually aimed here, but at the legal system as a whole.


 


I shall request any further information be allocated elsewhere.


 


Thankyou for your time.

Expert:  Ash replied 2 years ago.
I am happy to answer further questions when you post them online. If you put them for my attention I am more than pleased to assist.

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/


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