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Alex J.
Alex J., Solicitor
Category: Employment Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
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Can an employer of a company (director and shareholder) represent

Customer Question

Can an employer of a company (director and shareholder) represent an employee of the same company during a formal disciplinary hearing
Submitted: 2 years ago.
Category: Employment Law
Expert:  Alex J. replied 2 years ago.
Hi
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Has the employee chosen this person to represent them?
Kind regards
AJ
Customer: replied 2 years ago.

Yes the person involved is my wife who is an employee of the company,i am the owner along with 2 other shareholders

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
In theory if you are who she picks as her representative then yes you can support her in the proceedings.
However you have to consider that this may put you in breach of your duties as a director and may therefore cause more problems with your fellow directors.
S.175 of the Companies Act 2006 - means you have a duty to avoid a conflict of interest. This to me is certainly a conflict of interest and therefore you should not be involved in the proceedings in anyway. If you are going to be your wife's representative I would make sure that you have the other directors approve this at board meeting before being the representative.
Kind regards
AJ