Can my husband fire me as a director of his company?

[Clicketyclack]

My husband set up a company yrs ago with myself as a director and employee also.I know nothing much about it all except that (a) he contracts himself out for work in IT (B) he pays me a mediocre salary out of it (c) we are currently thinking of separating and I have accidentally discovered he is planning on sacking me as a company director/employee and starting a company pension for himself.
What does all this mean can anyone tell me and is it ok for him to do this?
Thanks in advance if anyone replies

Do you have examples of IT contractors having "earnings removed"? I've worked in this sector since 1997 and don't know of any, but have seen companies fined for not checking contractor status.

OP , that's great news ( for you ) that he works only for one company . He has almost certainly breached HMRC regulations and is at risk of having to pay back a lot of money. At best it will involve an investigation, which is very time consuming and stressful.

This is a card to keep up your sleeve for now, as it can only be played once .

I can only conclude that your DH is a risk taker and / or his accountant is stupid. They might well have done more stupid things, which you may find out as you investigate .

Get your detective hat on . I know it's hard if you don't know what you are looking for, but copy what you find . Remember that you are a shareholder and director , so you have a right to see company documents .

I hope you have a solicitor lined up .

I gave one up thread, yes. What do you want me to do, give you a list of names?

You only need to Google to see what the outcomes are, there are multitudinous forums devoted to the topic.

If there were no risk, how come you can buy insurance and have your contract checked by your insurer before you sign it?

OP just to let you know if you are not equal shareholders ie your husband has more shares than you. He can close this company and open a new one without you having to sign anything. Have you seen a lawyer yet? I worry for you as I have been in your situation

I don't think having a row about IR35 is going to help the OP, though it may open her eyes to potential issues. Quite frankly if HMRC start investigating, it will likely affect the OP too, so it's important to get clued up now and quickly. When's your appointment with the solicitor?

Monday is my appt...thanks for all the advice ladies!

HMRC who always take their money first

Ain't that the truth

Good luck for Monday OP. Try to do as much homework as you can before the meetings, the more facts you have, the better the solicitor will be able to advise you.

babybarrister !

Your liability as a Director doesn't just end if he sacks you, you need legal advice and an honest chat with your Husband.

In my experience even the most amicable of divorces never stay amicable through out the process.

I can't remember if the company makes much money. If not then it won't matter if you cease to be an employee although you might have an unfair dismissal claim which could be part of your claims in the divorce - you have 3 months to bring that.

Most non working wifes find it best not to report their ex to HMRC as that means a lot less money for the wife and children.