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    • Silvershine
    • By Silvershine 5th Jul 18, 3:32 PM
    • 19Posts
    • 0Thanks
    Right to Manage
    • #1
    • 5th Jul 18, 3:32 PM
    Right to Manage 5th Jul 18 at 3:32 PM
    I am a Leaseholder of a property. We have RTM (for many years). Over the years Directors, Secretary etc have either left, stood down (ill health etc) leaving one Director in place - all the positions are unpaid and on a volutary basis. I have been asked to sit on the board and do not have any objection to this. However the current director has recently told me (after trying to clarify this position a number of times) that whilst he is a director (carrying out voluntary duties) he is also an employee of the management company as he let the previous cleaning contractors go (he states due to bad quality of cleaning services) and he took over the role as cleaner himself and is paid by he management company.
    This has raised a number of issues with me. Is he an employee (of the management company)? if he is - is the Management Company breaking employment law - he has no contract of employment), no transparency on his paid rate so don't know if he is being paid minimum rate, no payroll (does the management company have to inform HMRC?). The list is endless and I don't want to walk into this unless I know what I will be responsible for
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    • Slithery
    • By Slithery 5th Jul 18, 3:51 PM
    • 1,262 Posts
    • 1,976 Thanks
    • #2
    • 5th Jul 18, 3:51 PM
    • #2
    • 5th Jul 18, 3:51 PM
    The same issue from the other side...
    • Silvershine
    • By Silvershine 5th Jul 18, 5:35 PM
    • 19 Posts
    • 0 Thanks
    • #3
    • 5th Jul 18, 5:35 PM
    • #3
    • 5th Jul 18, 5:35 PM
    Yes I can see from the other post the other point of view (which I really don't have a problem with). However the issue for me is that the person is not being contracted as a contractor, sole trader etc but rather being paid directly by the Management Company (almost cash in hand - or rather cheque in hand) and I don't know if the "work" and payment for labour means they are an employee
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