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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I am or should I was until this morning a director and 25%

Customer Question

I am or should I was until this morning a director and 25% shareholder of a small business, which had 3 directors. I was dismissed this morning without prior notice for gross misconduct. This charge was arrived at in my absence by the other two directors without any proper investigation and came about as I had sent a private email the one of the directors airing concerns about the business and inparticular my concerns about the other director and his family who are involved in the business. I was given no notice summoned to a meeting where he read out the minutes of the meeting I couldn't attend last Friday and removed from my job with no notice period my company car taken of me with immediate effect and not afforded any real opportunity to defend my written actions. They added other items such has missing targets, failiure to submit reports and general demeanour. None h of which had been properly challenge at anytime over my tenure which started in Nov 2014
What recourse do I have?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Did you have a contractual notice period for termination?
Customer: replied 1 year ago.
Hi BenYes I had a joint venture shareholders agreement and then a service agreement I have copies of you want me to email themKind regardsDerek
Expert:  Ben Jones replied 1 year ago.
ok the issue here is that there will be two separate rights under law - under employment law for your service agreement and under corporate law for the shareholders agreement. I can only advise on the employment side, you will have to post a separate quesiton for the corporate side of things...is that ok?
Customer: replied 1 year ago.
Yes that's fine does the JVSA and the fact I'm (was) a director have any bearing on the service agreement
Expert:  Ben Jones replied 1 year ago.
If you could please attach both documents then I can take a look and advise further based on that, thank you