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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49862
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am the CEO of a family owned Company, there are a number

Customer Question

I am the CEO of a family owned Company, there are a number of subsidiaries sat under a holding company and as of 4 weeks ago I ran two of those Ltd Companies, one based in London, one based in the south. A month ago I had a disagreement with the owner about his behaviour, he was calling me at crazy times in the evening telling me I am an idiot and don't understand his business model, he was telling the staff that worked for me in London when I wasn't there, to ignore me and that he would be coming back to "take over" the day to day running of the business, he told members of my team, I was useless and needed 2 to 3 years in a boot camp and he felt I was plotting to take his company from him. When I confronted him about this he invited me to his home over easter to discuss and said he was very sorry and some of it was not said and some of it was said but in anger. I told him I was very concerned he had this issues and perhaps we should call time. He insisted we should not. I then travelled to the USA on business, when I returned I was called by the Finance Director of the Holding Company and told the owner did not want me to run the London office anymore, I spoke with him and accepted this as he clearly wasn't happy, he asked that I focus solely on the company in the south, my pay or conditions remain unchanged. Last week I received a call from my old staff informing me that the owner was in the London Office telling people openly that I am working from home everyday (which I am not) and not attending the office, that I am purposely holding back opportunities so I can run off with them and that he plans on suing me if I look to leave the company, and that I have announced to the Southampton office that the company is failing in June to create a coup ! The owners Brother in law works for me in Southampton and on Friday I received a text from one of my engineers (I was in a meeting) the text said that the owner had asked the Brother in law to find out if I was to "leave" the business could they carry on and could they supply copies of sales pipeline behind my back and engineering drawings. I have written to the owner formally telling this is untenable. My staff said they felt extremely awkward and are now thinking I am to be dismissed of am leaving. He will NOT put anything in writing and has a restrictive covenant on me. He has called me today telling me NEVER to write to him always talk and wants a meeting on Monday. I know he will deny these accusations he has made against me and if I resign and look for another job in the same sector will sue me regardless. Can you please advise me, on whether a restrictive covenant applies under these circumstances and how I manage Mondays meeting, I have insisted I don't meet him alone. My colleague in the southern office is coming with me, but I expect him to extremely nice in the meeting then the bad comments will continue when I leave, how do I manage this?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there for and what does the covenant restrict you from doing?
JACUSTOMER-75d98iln- :

I have worked for him since Jan 2013. The restrictive convenant it is very detailed but it says briefly ! :During the period of six months from the
Termination Date hold a Material Interest in a business the same as or in
competition with the Business in countries where the Business currently has and
/ or runs operations, Provide any Services to or otherwise deal with,
in relation to Services, any person, firm or company who was a client of the
Company including, without limitation, at any time during the Relevant Period
and, in each case, with whom during that period you had personal dealings or
were materially involved in the course of your employment.

JACUSTOMER-75d98iln- :

The relevant period is termed at 12months.

JACUSTOMER-75d98iln- :

I have not signed this

JACUSTOMER-75d98iln- :

sorry 12 months from termination date

Ben Jones :

Are you considered just an employee or are you also a director at Companies House?