Expected directorship but sacked by my brother..!

Inbetweener_2

Dear everybody,


Please let me know if I am in the wrong thread or if I have worded this incorrectly...


For the last 4 years I have worked with my brother in building up a company. I have been completely involved in product development, testing, design and selling - visiting hundreds of trade shows over the years in attempting to get the product out there.


In the last 12 months, we have had 2 significant developments: with a valuation of £400,000 and my brother introducing his girlfriend in to the company as she had previous experience in this field.


Despite the many presentations made to investors that we were 50/50 partners, I have never had that official title, despite promises that he would make it official. I have emails and texts confirming I would be a partner eventually, but I was to continue on 16 hours a week wages until we were not making enough money (this has been the case for four years)...


2 months ago, my brother and his partner informed me that I was no longer needed within the company and I am now having to use a no-win-no-fee solicitor to fight this battle for me and I cannot afford to pay my rent or bills anymore. I cannot claim benefits as I am still officially suspended and he is refusing to offer me a penny.


There is detail to this story but I would like you to stay interested and please offer me as much help as possible regarding any of this story.


Thank you and I hope someone out there has some helpful information.

Kayalana99

I don't think there is anything you can do about the partnership side, promise to be one in the future is worthless. You might of been entitled to some redundancy/holiday pay though? Maybe someone else can pick up on that one.

You could perhaps sue for not paying you min wage for hours worked but you are better off with some professional help.

jobbingmusician

Were you an employee, or self-employed? If an employee, worth raising an employment tribunal if you can find the cash to do this.....You don't need a solicitor to do this (although you do need to find the court fees upfront) and there are plenty of people on here who can help you with the case.

Also, look up the difference between paying priority and non-priority debts. It's actually more important to pay your rent than your solicitor. If you are evicted for non-payment of rent you will be considered to have made yourself intentionally homeless.

sangie595

Surely if you have a solicitor acting for you, you don't need help from a bunch of strangers? You have no idea whether what we say is correct or relevant, and we are a long way off knowing the full story. What do you think we can help you with that the solicitor can't?

Inbetweener_2

sangie595 wrote: »

Surely if you have a solicitor acting for you, you don't need help from a bunch of strangers? You have no idea whether what we say is correct or relevant, and we are a long way off knowing the full story. What do you think we can help you with that the solicitor can't?

Thanks Sangie, I should have explained how a free no-win-no-fee solicitor is not great,

They do not respond to my calls or emails and I think they know that I probably don't have a case.

I assumed that any 'stranger' who did reply would provide some helpful info. If there isn't any, then I have to accept that.

To reiterate, my brother and also my father have now distanced themselves from me and I all I want now is some form of financial compensation for my 4 years of graft helping this company become what it is today. Emotionally this is horrendous and I need to keep this out of it. All I want is something back if I am entitled to it.

Inbetweener_2

jobbingmusician wrote: »

Were you an employee, or self-employed? If an employee, worth raising an employment tribunal if you can find the cash to do this.....You don't need a solicitor to do this (although you do need to find the court fees upfront) and there are plenty of people on here who can help you with the case.

Also, look up the difference between paying priority and non-priority debts. It's actually more important to pay your rent than your solicitor. If you are evicted for non-payment of rent you will be considered to have made yourself intentionally homeless.

I was an employee so maybe I should look into this?

I can afford the rent for this month and then I am struggling...

jobbingmusician

Yes. If you were employed for more than 2 years they cannot simply dismiss you like this. Your dismissal was automatically unfair if no disciplinary policy was followed, which sounds to have been the case.

Johnnytwostep

Inbetweener wrote: »

Thanks Sangie, I should have explained how a free no-win-no-fee solicitor is not great,

They do not respond to my calls or emails and I think they know that I probably don't have a case.

I assumed that any 'stranger' who did reply would provide some helpful info. If there isn't any, then I have to accept that.

To reiterate, my brother and also my father have now distanced themselves from me and I all I want now is some form of financial compensation for my 4 years of graft helping this company become what it is today. Emotionally this is horrendous and I need to keep this out of it. All I want is something back if I am entitled to it.

Is that not called wages. Did you get nothing for those 4 years.

sangie595

Inbetweener wrote: »

Thanks Sangie, I should have explained how a free no-win-no-fee solicitor is not great,

They do not respond to my calls or emails and I think they know that I probably don't have a case.

I assumed that any 'stranger' who did reply would provide some helpful info. If there isn't any, then I have to accept that.

To reiterate, my brother and also my father have now distanced themselves from me and I all I want now is some form of financial compensation for my 4 years of graft helping this company become what it is today. Emotionally this is horrendous and I need to keep this out of it. All I want is something back if I am entitled to it.

I do understand how they work. But they either think you have a case or they don't. To be honest, you can't possibly get the sort of help you need based on this version of the story. You say you have been dismissed, but you also at the same time say you are suspended. We haven't between told any details at all of what happened, or why. And if this happened two months ago or so, you are almost out of time to submit a tribunal claim even if you have a case.

Any advice you get here is always going to be opinion and not legal advice, and opinion that is based on the barest of details. It is the details that make or break any claim. Bearing in mind that there are always two sides to a story, so your version of facts will be enormously different from their version of facts. It is all these details that a solicitor uses to come to a conclusion, both at the time of taking on a client, and subsequently as more information emerges. So you need to understand that there isn't really enough fact in your story (and some contradictions) for anyone to be reliably able to give even an opinion.

sangie595

PS - Johnnytwostep is correct. Employment tribunals do not deal in compensation for your previous hard work. They deal with whether something is fair in law (not the same as fair in your view) or not. Your work over the last four years is not a legal case. Only whether something has been legally fair or not - and right now we are not even clear what has happened, never mind whether it might be legally fair.

WestonDave

Can you clarify whether this is a limited company that we are talking about - you have somewhat confused the issue by talking about being/becoming a partner. If this were to be an unincorporated business then very different rules apply - I suspect its not the case but worth double checking because partnerships can be formed by default in the relevant circumstances.