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Senior Partner
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13276
Experience:  30 years experience in business law and related topics such as employment law
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Resolved Question:

senior partner are you online
Submitted: 1 year ago.
Category: UK Law
Expert:  Senior Partner replied 1 year ago.
Sorry , I have been away, Can I assist you?
Customer: replied 1 year ago.
yes have you received my email? I am off to work if not I will re send it again from the office
Expert:  Senior Partner replied 1 year ago.
No. To who did you send it?
Customer: replied 1 year ago.
well I replied to one of our conversations and it was addressed to you are you online now ?
Expert:  Senior Partner replied 1 year ago.
There are no replies on any open questions that I can find.If you repost the Question here I will be happy to assist you
Customer: replied 1 year ago.
ok I don't know what happened I guess it went to the open panel and I wrote your name, well I have another problem I have done all the witness statements and also drafted a defence well I translated them from the greek lawyer to English but I have another problem my boss the accountant has given an online reference for the claimants house based on him knowing the strength of the investor that invested in the company that the claimant acted as director for 30 days that is bringing a claim before the ET and he confirmed that she was on 50 k and one year contract will that have any implications on my boss as this venture failed ? also can we apply for costs based on vexatious behaviour ? and last question the claimant used 10k of the investment money to prepay her personal home for 6 months that the investor agreed but to have it repaid through her directors loan account obviously the ET cannot argue about that as its not a E dispute rather than civil dispute what do you think will happen can the ET make a judgement on a dormant company , its a limited liability company hence members are not responsible for the company's corporate debts unless they give PG's how will the tribunal see this a claimant claiming unfair dismissal and acted as director for 30 days, do you have any case law tips you can give me ???? thanks hope you get this email :( whenever you can please reply sorry keep missing each other
Expert:  Senior Partner replied 1 year ago.
Hi can you tell me where you are based? An. A bit concerned about the various additional bits of information you provided. You will recall that I said the fact that the contract was not signed is not conclusive in deciding if there was a contract and if latter was written confirms that the agreement was in force for 12 months as you suggest that is pretty conclusive evidence that the contract was effective or at least the employee could rely on it.

If you are in the Uk I strongly recommend in stead of trying to deal with this yourself , you takes all the documents and correspondence to a solicitor and get some advise based on the full picture.

You are correct the directors are not liable for the debts of the company but the director may well have a claim for 12 months salary against the company.
Customer: replied 1 year ago.
I am based in the UK, the reference that was given was based on the investment monies the company was and is dormant My question is that if a firm of accountants has completed an online reference for her to obtain rented accommodation based on the fact that, he knew the investor and not that she was employed as there is no paye ref no what will the implications be ?
Expert:  Senior Partner replied 1 year ago.
Thanks if you are in the UK I recommend you get a local solicitor. The fact that the " reference " as you call it was given is pretty damning if the director claims she believed the employment was agreed and the companies representative confirmed that. If the accountant gave the reference and it was false he could be liable for misrepresentation if it was relied on by the landlord. Normally one gives references of limited scope to avoid personal liability. It really depends on the terms of the reference.
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13276
Experience: 30 years experience in business law and related topics such as employment law
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Senior Partner
Senior Partner
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30 years experience in business law and related topics such as employment law