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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Someone who worked same small company as me has just

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Someone who worked for the same small company as me has just left voluntarily. She and I were directors but were struck off from a previous company so we had to resign as directors. She still had access to the bank account and changed herself from profit share to PAYE and gave back her shares. She had no contract yet took more money out of the business than it could afford. I repeatedly questioned this but as I am no longer a director I could do nothing. The remaining director did nothing and was not aware of what the previous employee was doing it how she had switched herself to PAYE. The company now has a tax bill to pay for her. How does the company stand in terms of did she have a contract and was she allowed to do this? She is saying she is still owed some money (around £1700) but there is no formal document agreeing this and she determined her own pay structure. Does the lack of a challenge by the remaining director imply that she had an employment contract that met the terms that she herself defined?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Yes, please continue, thanksStuart
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Just to be clear she fraudulently signed herself up as shares and switched to PAYE?
Customer: replied 1 year ago.
Alex. Not quite. The shares are not really the issue as she gave those back. The issue is that she put herself on PAYE without approval of the director. Is the fact that she was on PAYE for about 8-10 months and no one questioned it implying that she has a contract from the company, i.e. she is allowed to do this?
Expert:  Ash replied 1 year ago.
She isnt allowed as this is fraud. But in terms of the tax bill, then yes the Company owes it but then they would need to sue the individual (with a threat of going to the Police for fraud), if they dont pay.So the Company pays and then seeks it from the 'employee'.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thanks Alex. So to clarify, what would have made it fraud? Not informing the director? Or would it still be fraud if she had informed the director but not had confirmation that it was ok to do so?
Expert:  Ash replied 1 year ago.
Fraud is when you do something dishonestly which causes a loss to one party and a gain to another.Does that help?Alex
Customer: replied 1 year ago.
Thanks Alex. Yes that is great. But what defines it as dishonest? Could she just say that it was done in good faith, or she thought it was OK or something? I really need to nail down how we would prove it was dishonest.
Expert:  Ash replied 1 year ago.
Legal test is: "Were the person's actions honest according to the standards of reasonable and honest people?"So it would be for a Judge to decide.Does that help?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok, thanks. Yes that helps. Basically there is no fixed formula, it would be left for a judge. Not something I would want to ever do!
Thanks for your help.
S.

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