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Nicola-mod, Moderator
Category: Employment Law
Satisfied Customers: 21
Experience:  Moderator
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My father died at the time and i planned to leave my job. I

Customer Question

My father died at the time and i planned to leave my job. I set up a company 4 years ago to freelance with 3 others from same workplace in a non competing business. All have now left except me.At the time i planned to leave but realised situations had changed. I asked for my director details to be removed and company dissolved. It never traded. It was dissolved within that year 2009/2010. Now someone has spotted my past details and it could get awkward with corporate and i am sure i will be asked to explain. Generally where do i stand? I am honest about it, embarrassed but also in last 3.5 years done exceptional work. I just need advice on how to best handle it and if something that never really took place but was registered but abolished 3.5 years ago will cause an issue. Im stressing.

Submitted: 4 years ago.
Category: Employment Law
Expert:  taratill replied 4 years ago.

taratill : Hello my name is Jenny and I
taratill : am happy to help you today, have you explained this to your employer? If so what was the response?
JACUSTOMER-klpc5tpx- :

Not yet. Im on holiday but i know its been flagged. Technically im not in breach of contract now but circumstances 3.5/4 years ago might not look good. My approach will be honest but my intention was to leave.spend more time with my mum afyer 12 months watching my father dying away with mind of a child. I will be defending my position. Due to comments from senior management my position was at risk due to time off this also made me want independence. I returned to work and planned to resign but things changed dramatically and all positive. I decided to devolve myself from this other company. That was nearly 4 years ago and it was dissolved quickly. Two other guys went contractimg but also set up another similar named company. They are the sole directors. Since their histories have been checked. My name comes up in searches similar to their company name. Im not a director nor shareholder at all in this. However its clearly been picked up. I just want to defend my position but also ensure i approach this in the right way professionally. In 4 years my work has been exemplory. I just got another fantastic review this quarter. In 4 years no one raised this and i thought it was past and irrelevant. I just need good guidance and advice because last thing i need is to lose my job over this.

taratill :

Hi there so you have done nothing, whilst employed, which can be considered to amount to a breach of trust and confidence which would result in your employer suffering a loss?

JACUSTOMER-klpc5tpx- :

Yes absolutely nothing

taratill :

In that case there is nothing to be concerned about, I would advise you to explain what you have to me to your employer and they are likely just to accept your explanation.

taratill :

If they were to dismiss you in these circumstances you would be able to claim unfair dismissal as you have done nothing wrong which would give them fair reason to terminate your employment.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Expert:  Nicola-mod replied 4 years ago.

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