Employment Law (UK)

[Abe]

If any of our UK members have any employment related issues, will be happy to assist. Please post a thread.

Abe

[Mark]

That is a handy contribution to the forum Abe

[Abe]

Thanks Mark

The latest figures from the Tribunals show a marked increase in employment disputes, this as employment laws become even more complicated and mired, together with stiffier health and safety laws and of course the F gas regs.

Abe

[chillin out]

This is a very generous offer Abe, one I am sure a lot of people will take you up on.

Thanks Abe.

Chillin

[Brian_UK]

Stand back Abe, take your coat off and take a seat - they'll be queuing up directly.

Nice offer Abe, thanks.

[superswill]

a kind offer abe,i doff my cap to you

[Grizzly]

If any of our UK members have any employment related issues, will be happy to assist. Please post a thread.

Abe

Well seeing as you have made the kind offer Abe.
I would like to ask your advise.
My query may not be strictly Employment Law but it is related.
I was involved in an Industrial Accident where the company whose premises I was working on has admitted liability.
Initially I did not intend to claim (I don't like Ambulance chasing).
But following the accident I met with such a wall of silence and other comments and actions that changed my mind.
This wasn't a small accident by the way I was Helicoptered from site to hospital.

The accident will be 3 years ago in June whereas I did not file a claim till the September.
Basically since my Initial contact with a local solicitor. I have heard nothing and I have not chased it because I was initially advised that it would take 2 or 3 years before it went to court.
How long should I wait before demanding some action??
Many thanks Grizzly.
ps I still work on the site !

[Abe]

Well seeing as you have made the kind offer Abe.
I would like to ask your advise.
My query may not be strictly Employment Law but it is related.
I was involved in an Industrial Accident where the company whose premises I was working on has admitted liability.
Initially I did not intend to claim (I don't like Ambulance chasing).
But following the accident I met with such a wall of silence and other comments and actions that changed my mind.
This wasn't a small accident by the way I was Helicoptered from site to hospital.

The accident will be 3 years ago in June whereas I did not file a claim till the September.
Basically since my Initial contact with a local solicitor. I have heard nothing and I have not chased it because I was initially advised that it would take 2 or 3 years before it went to court.
How long should I wait before demanding some action??
Many thanks Grizzly.
ps I still work on the site !

Hi Grizzly

First I would like to say is you were very close to the bone. Under the Limitation Act you must bring an action within 3 years of the event/accident.

Fortunately , you now have an action. I am not sure on what basis you are pursuing this claim, but would feel a "CFA" Conditional Fee Arrangement would be the best as there are no legal fees for you to pay. however the legal fees payable at the end of the case will attract a "success fee"

Law firms are "notoriously" slow on progressing matters, and you should have been presented with a " client care" letter. This spells out exactly who in the firm is dealing with the matter, who you can complain to, and what their response times should be.

That aside, this matter should not really go to court, it should be settled out of court, unless you are forced to go to court because you are unhappy with the offer.

I would say by now the Pre protocol letters should have been served, all the medical reports obtained, the insurance company informed, without knowing how complex the matter is, and how many other parties are involved it is difficult to say how long it will take, but 2 to 3 years seems unreasonable to me.

I would say, its up to you to push your Solicitors to know where they are with the matter, and keep on top of them. Obtain regular updates. This might just stirrup them into a gallop.

Regards

[Grizzly]

Abe.
A big help thanks.
I will get on the phone this afternoon and will post how I get on.
Cheers Grizzly

[frank]

Hi Abe - long time no see (or hear).

I hope you are keeping well and that your new career is all that you hoped it would be.

Now my question.

As an owner/Director of my Company, I am responsible for the well being/safety of my employees, and if anything untoward happens to any of them, I have to take responsibility, no matter what the consequences, or cost..

Now, as an employee of the Company myself, where do I stand if anything happens to me?

[Abe]

Hi Abe - long time no see (or hear).

I hope you are keeping well and that your new career is all that you hoped it would be.

Now my question.

As an owner/Director of my Company, I am responsible for the well being/safety of my employees, and if anything untoward happens to any of them, I have to take responsibility, no matter what the consequences, or cost..

Now, as an employee of the Company myself, where do I stand if anything happens to me?

Hello Frank

I am fine thank you and I mentioned your name to a former customer who is putting up a brand new pharmacy development this August.

I told him I know just the man who will take care of the air conditioning installation........

Anyway, back to your question. Although you own the company , you are after all still an "employee"" only.

You are a Director who has liabilities as a Director towards your employees.

The company is a legal entity that stands on its own, it does not belong to you, it belongs to the shareholders.

As a Director you are also an "employee" and the company owes you a duty of care.

If you are hurt for instance, the company is liable, and the insurance company will have to fork out damages.

But..............(always a but) As a Director you will be held responsible for failing to carry out your obligations as a Director as per the Companies Act 2006.

So, you will be responsible, along with the other Directors for your own injuries!!

Hope that makes sense

[chillin out]

So that means he can sue himself?

Do you think he would win?...lol

Chillin

[Abe]

This is a two edged sword scenario.
On the one hand Frank could claim he is " merely" an employee

But dependant upon his role in the company, measured by his "control" ie: ownership of shares, control.......and as a Director, will fall foul of his duties as one.

Whether he can sue himself???

Lolllllllll

He will be suing the company, not himself. His insurance will kick in, but the courts will fine him as a Director for failing to do his duty.


Directors

In Item Software (UK) Ltd v Fassihi [2004] EWCA Civ 1244 the Court of Appeal considered whether the defendant, who had been the claimant's sales and marketing director, had a duty to disclose his wrongdoing when he had sought to divert their main contract to a new company of his own. The High Court decision (see Contracts of Employment above) had focused on his role as an employee whereas the Court of Appeal focused on whether this duty extended to his role as a director. The Court of Appeal held that the director had a duty, deriving from his fiduciary obligations, to disclose his misconduct as part of his duty of loyalty.

[frank]

In Item Software (UK) Ltd v Fassihi [2004] EWCA Civ 1244 the Court of Appeal considered whether the defendant, who had been the claimant's sales and marketing director, had a duty to disclose his wrongdoing when he had sought to divert their main contract to a new company of his own. The High Court decision (see Contracts of Employment above) had focused on his role as an employee whereas the Court of Appeal focused on whether this duty extended to his role as a director. The Court of Appeal held that the director had a duty, deriving from his fiduciary obligations, to disclose his misconduct as part of his duty of loyalty.

This is of interest Abe, as I'm about to commence proceedings against one of my former Directors who has resigned and has taken my Company database and is in the process of diverting existing company orders to his new venture.
There is a lot of paper trail in our system that substantiates this, together with customer statements and supplier evidence.
Am I wasting my money?

[Abe]

This is of interest Abe, as I'm about to commence proceedings against one of my former Directors who has resigned and has taken my Company database and is in the process of diverting existing company orders to his new venture.
There is a lot of paper trail in our system that substantiates this, together with customer statements and supplier evidence.
Am I wasting my money?

No, you are not wasting your money. Directors have obligations upon them .

Questions I pose are:

In his Service Contract did you have any "confidentiality clauses ?

Do you have any "restrictive covenants? ie: for a period of say one year he cannot trade either near you, or in same business.

That aside, he is most probably in breach of statutory duties under the Companies Act 2006.

I will research further case law for you. The case above is fairly recent (2004) and a good precedent I believe.

Look at his Service Contract as a starting point.

I think the leading case on this is Facenda Chicken, but that dealt with trade secrets. In your case he has taken away confidential material

[Abe]

Frank

Ill have a look into it tomorrow on case law and Directors duties

A little input from you might help , to assist me focus on the crux of the issue.

I would be happy to look at the Service Contract for you

Ill e mail you the transcript of that case as a start