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Buachaill, Barrister
Category: Law
Satisfied Customers: 10983
Experience:  Barrister 17 years experience
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We have fallen outwith a shareholder in our company. We have

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We have fallen outwith a shareholder in our company. We have removed him from all operational roles due to his incompetence, but he is still a director in the holding company on a small annual payment of £5,000 (ie no operational role).He is very angry and emotional over what has happened and makes continual demands for documents etc. He particularly resents me and my role in his removal from operations. He continuously threatens to take legal action against me personally for pretty much every single management decision I make, claiming his minority interests are being prejudiced. He has been doing this for the past 12 months.I do not think there is much I can do other weather the storm. The latest is that he is accusing me of mismanagement and will look to put the company into liquidation. I am not concerned that he can do this but it takes time and effort to deal with, and takes valuable management time away. We are only a small company and we cant afford that time and he knows it. I was just wondering whether there is a point at where I can claim harassment by him in some form. It's not quite the same as being stalked by an ex, but I thought I would check on the off chance, as I am getting rather tired of it!!Thanks!
1. Dear Barton, I regret to say that the facts you narrate certainly don't amount to a situation where a court would grant an injunction or award you damages for harassment. Having to deal with this shareholder is part and parcel of your role in the company. So long as the shareholder is a director in the holding company, he is perfectly entitled to make his views and feelings felt, should he so wish. Just because you have to devote management time to dealing with him, this does not amount to harassment in law. It might bother you, but it is not legally justicable form of harassment. Additionally, I would suggest you make a complaint to your employer or Board of Directors because this is primarily a work issue. A court won't interfere in the workings of a company to police conduct of a shareholder and certainly not by means of a harassment injunction. Harassment injunctions are designed to deal with the mentally abnormal behaviour generally seen in love relations. However, they are not limited to that. But, it is not applicable here.
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