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Being Made Redundant From Own Company - Taking Your Own LTD To Court

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    Being Made Redundant From Own Company - Taking Your Own LTD To Court

    Just a thought here - Could you purposefully make yourself redundant from your own company and then demand a payout of £30k?

    I know a few people who worked for three years and got that payout tax free.

    Alternatively could you sack yourself wrongly and then get taken to court by yourself and 'settle' early

    I wonder

    #2
    Originally posted by DeludedAussie View Post
    Just a thought here - Could you purposefully make yourself redundant from your own company and then demand a payout of £30k?

    I know a few people who worked for three years and got that payout tax free.

    Alternatively could you sack yourself wrongly and then get taken to court by yourself and 'settle' early

    I wonder

    Wonder no more - the answer is NO !

    Comment


      #3
      Originally posted by Robot View Post
      Wonder no more - the answer is NO !
      Why not? If you're made redundant from a permie job, employer can pay you as much as they like - up to 30K is tax free.

      Comment


        #4
        Originally posted by k2p2 View Post
        Why not?
        Directors are dealt with differently under the law.

        Boo

        Comment


          #5
          Originally posted by DeludedAussie View Post
          Could you purposefully make yourself redundant from your own company and then demand a payout of £30k?
          Alternatively could you sack yourself wrongly and then get taken to court by yourself and 'settle' early
          What does it say in your contract of employment? Oh, you don't have one because you are the company director? Well, that's the end of that idea then.

          Probably your best bet if you are closing the company is to apply for an ESC C16.
          Free advice and opinions - refunds are available if you are not 100% satisfied.

          Comment


            #6
            The logistics don't seem to work here.

            You make yourself redundant from your own company being the only person. Who is left to transfer the redundancy money to you huh??? There is no one authorised to make the payment and then to handle teh distibution of any more of the company assets.

            Obviously there is many intelligent answers about the legal issues by OP but this is my daft answer to a daft question
            Last edited by northernladuk; 11 September 2010, 22:52.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #7
              Originally posted by Boo View Post
              Directors are dealt with differently under the law.

              Boo
              Have you got a link for that? Are you sure?

              Comment


                #8
                Originally posted by northernladuk View Post
                The logistics don't seem to work here.

                You make yourself redundant from your own company being the only person. Who is left to transfer the redundancy money to you huh??? There is no one authorised to make the payment and then to handle teh distibution of any more of the company assets.

                Obviously there is many intelligent answers about the legal issues by OP but this is my daft answer to a daft question
                Your wife remains as director - She has sacked you from the company and settled before you took the Ltd to a tribunal

                Comment


                  #9
                  Originally posted by DeludedAussie View Post
                  Your wife remains as director - She has sacked you from the company and settled before you took the Ltd to a tribunal
                  1. You have no contract of employment.
                  2. Your salary is about 7,000 per year and you are claiming 30,000 in "compensation"
                  3. Your wife (a "connected person" under law) has "sacked" you, yet she is unable to run the business herself because you are the only fee earner
                  4. You were the director of the company for almost all of it's existence.


                  A tribunal is not a trivial matter, it's run by real people with legal experience. They will consider the above and either laugh at you or kick your arse out the door for wasting their time.
                  Free advice and opinions - refunds are available if you are not 100% satisfied.

                  Comment


                    #10
                    Originally posted by DeludedAussie View Post
                    Your wife remains as director - She has sacked you from the company and settled before you took the Ltd to a tribunal
                    So you are saying that your wife has sacked you as a director or as the employee of the business?

                    If the latter, do you have a contract of employment?

                    What does it say about unfair / unlawful dismissal?

                    If you were the director of the business at the time, what percentage of the shares did you have and was your sacking agreed by both directors? If so, I think you are screwed and won't get a penny out of the business in redundancy or any other legal term that applies to unlawful dismissal.

                    If your wife has the majority share, you have to prove that what she did was unlawful in sacking you as the Director and as the employee (Assuming you have a contract of employment with your own Ltd company which you can prove in court).

                    I think you need to apply some logical thinking to what you are asking. I don't think you are being serious in your request. No doubt your question will appear in the CUK newsletter though.
                    If your company is the best place to work in, for a mere £500 p/d, you can advertise here.

                    Comment

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