Under disciplinary for alleged working while off sick - please help

[asdanemma]

Hi

My partner his off sick from work. A few months ago we started a new business together for when she is finally sacked/leaves etc. She is joint Director and shareholder like me. We have not even done any work yet, all we have done is put money into the business. No wage has been taken out, no dividend taken out, no money at all has come out of our business bank account.

The fire service who employs her says you must have permission for another job but nothing about being a director of a company, especially a dormant one.

She has had lots of problems at work and put a grievance in finally 2 weeks ago then alas this disciplinary letter turns up saying she works for this company. However she doesnt she owns it with me. They now want to see her asap. Should she take copies of all accounts, share certificates, bank statements etc to prove no wage has ever been drawn. I am also a witness.

Thanks

[renegadeimp]

Its not about wage. Its about having another job. Which she does. She could never take a penny fromt he business, despite being a director. She'd still be employed by it though.

[BazzaS]

Its not about wage. Its about having another job. Which she does. She could never take a penny fromt he business, despite being a director. She'd still be employed by it though.

 

In law a director is an 'office holder', not an employee.

 

https://www.gov.uk/employment-status/director

https://www.gov.uk/employment-status/office-holder

 

Some directors are employee's, though ; if they hold a service contract. Many executive directors (rather than non-exec's) do this, as it gives them the right to salary for their exec. jobs, as well as more security (a director can be removed without regard to if a removal is 'fair', and they can't claim unfair dismissal, but can do so for the "employment" part of a service contract!)

 

However she may be perceived as being an employee (and to some extent her current employer's perception matters), and if she says that she "isn't doing any work for the company", her current employer might point to the fact that as a director she has duties and responsibilities, merely by being a director ..... it depends on the exact phrasing of her current contract as to what she is or isn't permitted to do ('employment' v. 'work' v. 'job'), as well as if her being fit to perform the duties of a director appears to conflict with her being unfit for her current job ......

 

Is she a member of the FBU / another union?.

[renegadeimp]

If they own the company and they created it. Theyre an employee.

[dondada]

Hi

My partner his off sick from work. A few months ago we started a new business together for when she is finally sacked/leaves etc. She is joint Director and shareholder like me. We have not even done any work yet, all we have done is put money into the business. No wage has been taken out, no dividend taken out, no money at all has come out of our business bank account.

The fire service who employs her says you must have permission for another job but nothing about being a director of a company, especially a dormant one.

She has had lots of problems at work and put a grievance in finally 2 weeks ago then alas this disciplinary letter turns up saying she works for this company. However she doesnt she owns it with me. They now want to see her asap. Should she take copies of all accounts, share certificates, bank statements etc to prove no wage has ever been drawn. I am also a witness.

Thanks

 

She should take every evidence she could

 

Great if you could give a Witness Statement.

 

Best if it is a sworn statement

 

I'm in agreement with BazzaS on director/employee

[BazzaS]

If they own the company and they created it. Theyre an employee.

 

I disagree.

 

They are a director. They are a shareholder.

I agree they "created it", but none of these make them an employee.

What makes them an employee? None of the above mandate it.

 

Where is their employment contract? (although I accept a contract doesn't have to be written). If neither they nor the company intend them to be an employee, how is the contract formed (lack of all of offer, acceptance, consideration and intent to form legal relationship)

 

 

If an employee, why aren't they receiving National Minimum Wage?.

Do they meet (m)any of the factors listed at

https://www.gov.uk/employment-status/employee

under "Someone who works for a business is probably an employee if most of the following are true:" .....?

[asdanemma]

Thank you all

the contract states she is not permitted to take other paid employment with out first informing her employers ( fire service). She has not been paid nor is employed

 

She has been of sick with stress from bullying and change of job role ( she is disabled) since Nov 2015. Since February 20106 she has tried to return to work with adaptions put in place but they are unable to put the necessary adaptions in place so she was penciled in for sickness retirement/ill health. In that time her job role has changed significantly ( without consultation) to the the point she is unable to do the job at all. We were waiting on a 3 month pay-off/walk away last September. then it went quiet, we heard nothing, we kept going to meetings but they just went backwards and covered old ground. they told my partner to keep being signed off sick, her sick pay has now ended so she is still employed by the fire service but not being paid,

She has met with the service doctor 3 times in 12 months and he has agreed medical discharge with retirement etc so we are waiting on that.

 

Totally legit when setting up a new business with me - expected to be left work and free to be able to do what we wanted.

Now, its gone on silly amount of time so a grievance went in and then this happens.

 

They are just trying to get out of paying the 3 months statutory notice pay for medical discharge and wait for her to resign.

She has been with Unison all through this and they are useless

What are we supposed to do now they have stopped her pay?

[ericsbrother]

thwe stopping of the pay is down to the terms of the sickness pay part of her employment scheme and nothing to do with the disciplinary investigation.

so, either claim SSP or get a fit note and turn up for work and ask about the adjustments and force them to make a decision. At present the employer is just wasting time but doing nothing wrong

[asdanemma]

thwe stopping of the pay is down to the terms of the sickness pay part of her employment scheme and nothing to do with the disciplinary investigation.

so, either claim SSP or get a fit note and turn up for work and ask about the adjustments and force them to make a decision. At present the employer is just wasting time but doing nothing wrong

 

Thanks, were ok with the money being stopped, we understand that is part of the sickness policy and not bothered about it, our complaint is the time wasting and the fact been pulled up for opening a business that she is dormant in