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can a disqualified director make the ultimate decision

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  • JCS1
    JCS1 Posts: 5,336 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    A disqualfied director cannot take part, "directly or indirectly, in the promotion, formation or management of a company "

    More details here:

    http://www.insolvency.gov.uk/directordisqualificationandrestrictions/whatisdisqualification.htm
  • I think this person is acting as a shadow director. If he has been disqualified and acts as a shadow director he will be in breach of his disqualification, which is a criminal offence. The DTI like to be informed of this kind of activity.
    Don't lie, thieve, cheat or steal. The Government do not like the competition.
    The Lord Giveth and the Government Taketh Away.
    I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)
  • JCS1 wrote: »
    A disqualfied director cannot take part, "directly or indirectly, in the promotion, formation or management of a company "

    More details here:

    http://www.insolvency.gov.uk/directordisqualificationandrestrictions/whatisdisqualification.htm

    Cross posted with JCS1.
    Don't lie, thieve, cheat or steal. The Government do not like the competition.
    The Lord Giveth and the Government Taketh Away.
    I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)
  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    however he can still work as a manager... going to be very hard to prove

    OP, did you resign voluntarily, what were the terms of the contract, did you give your full notice, what were the circumstances of your leaving, how many days holdiay shuld you get, when does the holiday year run, how many days had you taken?

    Let's work out if your assumption you are owed holiday pay is correct before starting investigations all over the place just cos you are hacked off...
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • meluvnext
    meluvnext Posts: 219 Forumite
    emmzi if you search my posts you will see.

    He is acting in the management of the business, he does promote the business as he is the first point of contract with potential clients.
  • SarEl
    SarEl Posts: 5,683 Forumite
    meluvnext wrote: »
    emmzi if you search my posts you will see.

    He is acting in the management of the business, he does promote the business as he is the first point of contract with potential clients.

    Not everyone has several hours to search other people's posts. If you want advice then it is best to tell people the full information that you want advice on. Or not start several threads on the same problem.

    But so what?. He can act like he wants - or how the actual directors allow him to. He can promote the buisness etc - this is not the exclusive terrain of directtors and many directors do none of this.

    You are barking up an entirely wrong tree. It does not matter a jot who made the decision - in law the employer, whoever that is, made it. So as you have been advised, this is not an issue and nobody at the tribunal will care anything about it, so the issue is - are you actually owed money or not? And you have been told what information people here need to advise you on the case.
  • meluvnext
    meluvnext Posts: 219 Forumite
    it says on the above link a disqualified cannot act in the management or promotion of a business, that was what he was doing so that link is either untrue or then it is pointless disqualifying anyone as a director if they can still go onto do what it says they cant.

    It wont take an hour to read my posts, I am not on here that often!

    I handed in notice, prepared to work it, they chose for me not to work it, informing me I would be paid the notice till the end of the week, however pay day came, no holidays were on it it arose that they decided to use my holidays as notice period, without informing me.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    meluvnext wrote: »
    I handed in notice, prepared to work it, they chose for me not to work it, informing me I would be paid the notice till the end of the week, however pay day came, no holidays were on it it arose that they decided to use my holidays as notice period, without informing me.


    Have you informed them of outstanding monies and of your intention to pursue collection?
    Don’t be a can’t, be a can.
  • meluvnext
    meluvnext Posts: 219 Forumite
    of course, even acas have tried to mediate but they refuse to negotiate
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    If you're not barred, proceed with a claim at tribunal.
    Don’t be a can’t, be a can.
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