can a disqualified director make the ultimate decision

meluvnext

I was last working for a company where a person who is not the director but makes the ultimate decisions within the company and acts as the director was responsible for my leaving, he is a disqulaified director, he took the same company down under a different business name, they got shot of him for a while then brought him back.


Surely if he is allowed to make decisions going over the head of the actual director even though he is not named the director he is actually acting as a director himself which is in breach of being a disqualified director.

Googlewhacker

surely the easy way out for the person is to say that he was consulting the 'director' in what to do.

Seems a pointless way for you to go tbh

Hammyman

meluvnext wrote: »

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Surely if he is allowed to make decisions going over the head of the actual director even though he is not named the director he is actually acting as a director himself which is in breach of being a disqualified director.

No, he is acting as a MANAGER.

Are you sure he is not employed in a managerial capacity? Usually when it comes to hiring and firing, management sort it - the directors are not interested.

When it comes to managing your local Tesco, who do you think has the say in the day to day running, the store manager or the board of directors at Tesco? Are there actually enough directors in Tesco to run every store hands on every day?

meluvnext

When you walk past the management office you hear this manager shouting abusively at the director, if the director cannot put this person in their place then does it not mean he has a higher role than the director himself.

meluvnext

so while he may be employed as a manager he is above the director they are all emplyoees of the company as they all get pay slips, even the director, cos I have sat and sealed them up!

JPS29

If the director(s) back him then he is doing nothing wrong, clearly stated he is not a director, he is making managerial/operational decisions backed by the director, even if they are only a name on paper and a toothless director at that.
What exactly is it you would like to happen>?

Emmzi

you appear to be gearing yourself up for a long and pointless ET

Personally I'd get over it and move on

meluvnext

This person who is actually acting above the director refuses to pay my holiday pay, I have submitted my forms for tribunal but I do not want to have to stand infront of him within a tribunal

Evilm

It doesn't affect whether he is given power to sack staff or not. Only that he can't be a director of a company which stops him from running off and starting a new company and doing whatever bad things he did to get himself disqualified again.

Its for the proper directors to make sure he is acting properly and being adequately supervised.

I can't see this is a good way to fight anything and I don't believe that you can choose who your employer chooses to represent them at an employment tribunal anyway. If they so felt they could send the receptionist! (It would be a silly thing for them to do but they could as far as I know).

Hammyman

meluvnext wrote: »

When you walk past the management office you hear this manager shouting abusively at the director, if the director cannot put this person in their place then does it not mean he has a higher role than the director himself.

Incorrect. It could mean the director is spineless and easily trampled on, nothing else. I know some who are like that. At one place I worked at which was a family firm, I used to have the odd slanging match with the owners son who was my department manager. Sometimes he'd get told where to go - usually when he made some mission impossible demand and refused to see reason. Does it mean I was his boss? No.

Hammyman

meluvnext wrote: »

This person who is actually acting above the director refuses to pay my holiday pay, I have submitted my forms for tribunal but I do not want to have to stand infront of him within a tribunal

He's not acting above the director. You WILL have to stand in front of him at a tribuneral so either get used to the fact or withdraw.