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Employment Law - Help!

(12 Posts)
MrsC1969HJ Wed 14-Jan-15 12:53:50

I am hoping that somebody with knowledge of employment law will be able to advise. We are in the middle of Ancillary Relief proceedings. This morning I have received a copy of a letter that my husband has sent to the court informing them that he has left his own company. I am a 50% shareholder of the company. He tried to hide financial expenditure within a rather large director's loan because he thought he would never be ordered to hand over business bank statements and had refused to let me see them for many months. I can only imagine that he is purposely making himself unemployed due to the case. He lives with the OW who is now in contempt of two court orders in relation to her finances. I am a self representing litigant and I believe this will have a significant impact on the proceedings. Is there anybody who can advise? Many thanks in advance.

flowery Wed 14-Jan-15 13:26:54

I'm not sure where you think employment law comes in to this? It doesn't sound as though you are employed by the company, are you? Sorry, I'm just not quite sure what you're asking.

MrsC1969HJ Wed 14-Jan-15 13:31:13

Flowery, thank you for responding. My husband is employed by his own company. He has resigned from it in the middle of Ancillary Relief proceedings, I assume in a veiled attempt to avoid settlement. I guess my question was "can you resign from your own company when you have a huge debt". Maybe this is in the wrong place?

MrsC1969HJ Wed 14-Jan-15 13:32:10

Further, I was sacked from my role in the company when my husband left, without notice or pay, this is forming part of the current proceedings. However, I am still a 50% shareholder.

Rockchick1984 Wed 14-Jan-15 14:57:01

This may be better being reposted in the "legal matters" section.

MrsC1969HJ Wed 14-Jan-15 15:30:31

Yes, I agree Rockchick...thank you! Will report to MN and ask them to relocate

flowery Wed 14-Jan-15 16:58:36

You also need to get the thread title changed OP. I don't know whether you feel you were unfairly dismissed from the company and want to pursue a tribunal claim, but that aside, it's not employment law help you need.

It also strikes me that this case sounds far too complicated for you to be representing yourself. Do you actually have a solicitor?

MrsC1969HJ Wed 14-Jan-15 17:30:50

Flowery...no I have done very well thus far representing myself, so I hope that continues. I don't have a solicitor due to lack of funds and the dire financial situation my husband left us in. Unfortunately, I had something of a breakdown after my husband left and did not pursue unfair dismissal as it was by then too late. However, the amount outstanding has formed part of the current proceedings. It really should have been a very straightforward divorce and financial settlement, only complicated hugely by the behaviour of my husband and his OW. Isn't that usually the case?! Presuming I have the same Judge as the last hearing, he will be extremely annoyed at this latest attempt at avoidance...one can hope!

prh47bridge Wed 14-Jan-15 22:28:52

The short answer to your question is yes. There is nothing in law to stop a director resigning whilst still owing money to the company unless the terms of the loan require them to repay in this situation. However, if the company writes off the debt there will be tax implications for your ex.

Resigning from the business does not, of course, alter the fact that he owns part of it.

CLJ52 Wed 14-Jan-15 22:36:49

I agree with Flowery - this sounds a bit complex to represent yourself. It sounds to me it's a divorce lawyer you need rather than a corporate lawyer (not employment specialist).

I don't think you can afford not to have legal representation to be honest. You are confusing the business and personal elements and although the judge might be sympathetic, they can only implement the law.

Is your exH represented? If so, then don't even think of not engaging a lawyer.

MrsC1969HJ Wed 14-Jan-15 22:51:29

prh47bridge..thank you, that was the answer I was looking for. It does require him to repay the loan to the company...and if he intends to close it, half of that is due to me. A stupid thing to do in the middle of ancillary relief proceedings. CLJ52...there is absolutely no question of me being able to retain a solicitor. My husband has left me on benefits, we have a special needs child. It is a nightmare situation and I am pursuing the legal route as I had no choice as he withdrew all financial support, even stopping paying the mortgage. The fact we co-own the family business complicates it. I am not confusing them, they are just intertwined unfortunately. The Judge was fantastic and clearly unimpressed with husband. No, he isn't represented either, he refuses to use his solicitor for the financial proceedings, only to discredit me as a mother to various agencies. He is something else! Thank you all, I believe I have my answer.

FrancesNiadova Sun 18-Jan-15 09:41:15

Good luck Mrs C, I hope that everything works out for you flowers

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