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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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I wish to resign as a director from limited company as there

Resolved Question:

I wish to resign as a director from limited company as there is evidence is codirector is alcoholic and may not be able to fulfil his role.
Submitted: 3 years ago.
Category: Employment Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

What would you like to know about this please?

Customer:

Hi - I wish to resign from a limited company as my codirector is a (likely) alcoholic. How should I go about this to ensure that I leave as expeditiously as possible without being irresponsible?

Customer:

Hi - anybody there?

tdlawyer :

Hi I'm here.

tdlawyer :

To resign you just sent a letter saying that you resign and then ask the remaining director to lodge Form TM01 at companies house. It's really easy to do.

Customer:

Can that be with immediate effect and what if any liabilities etc that might accrue to me. Also the company delivers at-home care - is my resignation likely to put those individuals at risk? The other director is responsible for the delivery of care (even if he may have alcohol issues).

Customer:

What if he doesn't lodge the TM01 form?

tdlawyer :

There is no liability for resigning your office as director.

tdlawyer :

If you have a contract with the company you might be in breach of that potentially by resigning immediately, although in reality, few employers ever pursue anybody for such a breach as there is often no financial loss that arises as a result.

tdlawyer :

If he doesn't lodge TM01, then you've still resigned, he can't alter that fact!

Customer:

I am concerned that the company will collapse almost immediately without my input - if I resign with immediate effect am I jeopardising any duty of care that I may have to the vulnerable adults who use our services even though it is the other director who is responsible for the delivery of care?

tdlawyer :

I don't see how you would ... I assume it's the company that owes duties towards the service users/the other director.

tdlawyer :

You, as director, owe duties only to the company.

tdlawyer :

Not it's customer/service user base.

tdlawyer :

Plus if you have concerns about adult safety etc. then you can always report that to, I assume, the CQC and let them investigate and discharge your (moral) duties in that respect.

Customer:

Thank you - do I press save & exit to email this conversation to myself

tdlawyer :

No, I need to ask customer services to email it to you. I can do that as soon as we're finished for you.

tdlawyer :

Are you happy with the service provided this evening?

Customer:

Thank you and please do ([email protected])

Customer:

Yes- I'm happy

tdlawyer :

Thank you!

tdlawyer :

Have a good weekend.

tdlawyer :

Please remember to rate the answer for me.

Customer:

Will do and thanks again

tdlawyer :

thanks

tdlawyer and other Employment Law Specialists are ready to help you

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