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michael holly
michael holly, Solicitor
Category: Employment Law
Satisfied Customers: 6822
Experience:  Over 20 years experience of dealing with employment law matters and qualified mediator
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as a company director should I have a different contract

Resolved Question:

as a company director should I have a different contract of employment to other staff employed by the company.
Submitted: 2 years ago.
Category: Employment Law
Expert:  michael holly replied 2 years ago.

Not necessarily, as you remain an employee of the company. A lot of employers have director agreements where the responsibilities of the director is set out as a director of the company and that sometimes replaces the contract or runs in tandem with it. However, there is no specific requirement for a separate director agreement

I hope this helps, if there are any further points please reply

Best wishes

Michael

Customer: replied 2 years ago.

Hi, I am a 50% owner of the company and there is no director's agreement in place due to the other director being a family member, the work relationship is now not as good as it used to be and suddenly after 5 years together I have been presented with this contract.

Expert:  michael holly replied 2 years ago.

Do you want to avoid signing it?

Customer: replied 2 years ago.

Not quite sure, on reading the contract it seem to be the same as a regular employee, the stated holiday entitlement is the same whereas I received 5 days extra, this has been in place since the company' started, there is no salary stated within the contract just "as per agreement"

Expert:  michael holly replied 2 years ago.

Hi Roy

The contract is fine as long as it actually replicates the terms you actually already have.

Otherwise it is a variation in the terms of the contract, albeit verbal, that you are working under. A contract variation can only be agreed with your agreement so you can vary or refuse as you wish

Stand your ground.

Best regards

Michael

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