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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9034
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben. I recently resigned as a company Director by email to

Customer Question

For Ben Jones'
Hi Ben. I recently resigned as a company Director by email to the Managing Director. This email was replied to and contained acknowledgement of my resignation. No notice period was given by me I.e. It was with immediate effect and there is nothing stated within the companies articles of association of a required period of notice for the resignation to become absolute. I have since received a letter from the company solicitor stating that I have remained a director for the period of notice which has been calculated as one calendar month.
My question is can they enforce a period of notice on a director (who is not employed directly by the company) where to my knowledge there is no written agreement that a notice period should be given.
I await your response Ben, which will influence how I move forward.
Best regards,
***** *****
Submitted: 23 days ago.
Category: UK Law
Expert:  Alex J. replied 22 days ago.

Hi thank you for your question and welcome. My name is ***** ***** my colleague has asked me to assist you. I am a company law expert. Do you have an employment contract? Kind regards AJ

Customer: replied 22 days ago.
Hi Alex, this one is a little complicated. I was a Director of the company but not directly employed by them. I acted as a 'freelance/subcontractor' providing design and sales services through my own company which invoiced them for services provided.. There was no formal contract between the two companies only an understanding that I would invoice them every month for services/work undertaken during that period. There was never a Directors Service Agreement issued or signed so as far as I am aware there is nothing that can be enforced. The only employment contract that has ever been in place was terminated in 2014 when I started billing the company for my services through my own business (the company that I am technically employed by).I did say it was complicated. Are you able to clarify the situation for me Alex?Best regards,
Andy
Expert:  Alex J. replied 21 days ago.

Hi thank you. Are you a statutory director of the company? I.e. A director under the Companies Act? Ultimately if you have no contractual obligations to fulfill then you can terminate your directorship at any time without notice.

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