Ex employer still not removed me from accounts- 11 years!

[Robertwars]

I would be grateful for any words of wisdom here- I left my job ( amicably) 11 years ago . As part of my role I was a signatory on accounts and a trustee for several trusts .

They had plenty of notice I was leaving and I was very happy to sign anything needed to remove my involvement. They were really tardy and it took years and repeated demands and a great deal of stress to get this done and they assured me it had been completed . However , they have been in touch again to say I am still named on some trusts and bank accounts and are asking me to sign more paperwork.

I am so annoyed and upset that this has come up again and concerned about any liability if they have mismanaged anything . I have asked for all the communication relating to this and plan to ask for them to pay for legal advice before I sign anything but wonder if anyone has any other thoughts . Thanks for any suggestions 💐

That’s really weird. I would just refuse to sign. I don’t get why you didn’t refuse when they previously asked.

I too would refuse to sign.

I would refuse to sign, are you sure there isnt fraud going on?

Sorry I don’t have any legal advice - which in my opinion you absolutely need - but I do share your frustration at the slow speed of some administrators.
As a holding point until you receive full advice, in your shoes I would write to the ex-employer stating that you have no responsibility for them, their accounts or trusts and that you ceased to do so from the point you left their employ (date). Also that you have repeatedly asked that this be completed, historically & that now these further instances have come forward, you insist that they do so again, thoroughly.

I’d anticipate that a solicitor would ask for more checks / proof on the activities of / within the individual instruments on which you are named, for your peace of mind & legal indemnity.

Best wishes

I am refusing now, about 6 years ago I did sign some as just wanted to remove all involvement and they said that would tie it all up But by refusing to sign to remove myself now I am presumably still liable if they mess anything up

Contact HMRC and the ICO to tell them your ex employer is not complying with your requests. I'm not a legal expert but that would probably help to cover you if they filed any dodgy accounts.

Thanks, this is pretty much what I have said - they responded asking if they could post the documents for me to sign so clearly not listening- so have reiterated my points and refusal

Watching - same problem.

ive already tried the charities commission who are uninterested! I still have access to the bank accounts. I thought I would be alone in this problem but seems it’s common from asking about at a multi charity trustee training day!

The bank does not need authority from you in order to remove you as a signatory. All they need is notification from your former employer telling them you no longer work there and to take your name off.

As for being a trustee - no idea about that one. It might depend on what you are a trustee of - is it to do with the company pension fund, or something to do with a registered charity?

I am not a lawyer.

If the paperwork which they send is from the banks/institutions etc themselves then I wouldn’t refuse to sign it as you would otherwise be liable ongoing

What i would do is ask them to draw up an indemnity document acknowledging that you handed in your resignation on x date; that you bear no responsibility for the time since; that you have had no involvement or oversight of the institution during that time; that closing your involvement now is an admin oversight. I’d choose the wording and send it to them, ask them to print on headed paper and sign.

Sorry to hear that you are struggling with it too - its shocking that you cannot get it resolved

Thats interesting- I will suggest they do that with the bank accounts
I was named as a Trustee on trusts they manage for other people - and was assured these had all been sorted but apparently not

Thank you, that sounds a sensible plan - I think asking for them to pay for an independent solicitor to draw it up would give me some peace of mind . I genuinely at the end of my tether with it after all this time

Have you checked with companies house to see if you are still listed on there?

Yes, I am off there at least !

I'm also not a lawyer but it what circumstances could a bank account signatory who hasn't signed anything be liable for anything?

Being an account signatory doesn't come with any obligations or responsibility for the actions of the organisation as far as I'm aware. It's an administrative matter only surely

The organization has clearly been pants at keeping up to date but I don't see how the OP is at risk unless there's any kind of suggestion of forged signatures

I think that’s a good idea, an independent solicitor sounds sensible.

Examples of things which could be problematic are:

If the organisation is still using any of the op’s login details to access the accounts, that would breach the terms of the account and might have future ramifications for her personal banking.

If the organisation is a charity (which it might be as the op mentions trustees) all bank signatories have responsibilities for the appropriate use of funds. Op could see herself blamed by a charity or government funder if funds are misused, Conversely if these are trusts making grants the op has a responsibility.

If fraud is committed using the bank account, as a signatory she would struggle to demonstrate her innocence which could have ramifications for her personal credit score.

It may also be worth going down the GDPR route as well, as companies are legally obliged to remove your details when asked and no longer needed.

Thank you - this is helpful for me to read as I feel very pressurised by the organisation and want ro make sure I think it all through carefully . It is a charity and they run accounts on behalf of others which is what is causing me the major concern- if anything goes wrong I do not want to be held accountable - and was told repeatedly by involvement had been ended until a message a week ago . I think the only way forward is for them to pay for proper legal advice and for a solicitor to sort it all. I also do not need this pressure- I work full time elsewhere and have various other responsibilities as we all do .They haven't paid me in 11 years so it makes me so annoyed that I have to give this my time and energy
Thanks to everyone for helping me think this through

If you were still a Trustee, they should have been sending you regular paperwork so you were kept up to date with managing the Trusts.

Seems like they have been severely negligent here.

You must take legal advice.

No paperwork at all - and I made it clear I wanted alk involvement to end as I don't have the time to oversee these trusts .
Does anyone know if I can insist they pay for legal advice ?

Wait and see what the paperwork is first. If it is simply to remove your name from whatever accounts it is still on, it is clearly in your interests to sign it. If you feel you need legal advice you can certainly ask them to cover the cost, but they may refuse. The only way you could force them to pay is by taking them to court, and there isn't enough information here to say whether you would have any chance of winning.

This sounds very dodgy on their part !!! You could be liable if something goes wrong ! Possible fraud ! They should get into trouble for this. Please seek legal advice ASAP.