Threatening and violent behaviour from Director

joslachuk · Sep 14, 2008

Hello All,

We have an issue within our (Ltd.) company where 1 of the 3 directors has developed an increasingly abusive, threatening and violent behaviour over the years.
As a result communication between two directors has broken down for over 5 years.
Recently I was verbally assaulted, with insults shouted at me for everyone in the company to hear, for the only reason that I was progressing an order on behalf of a customer I had on hold on the telephone.
Eight years ago he shawed a threatening behaviour towards me.
Five years ago he hit a fellow director in the works which ended in a fight.
We are decent professional people and I feel that we have been far too patient for too long.
Personally, I feel we need to get rid of him as a director and an employee.
He could remain a 33% share holder (and receive his dividends) but we need to be able to continue to run our successful business, in a far better atmosphere!

Thank you in advance for any advice.

Sep 14, 2008

Have you got all these events recorded.?

Earl

joslachuk · Sep 14, 2008

Hello,

No, we have not (except in our minds).
Although witnesses could be traced.

Personally, I am sick about the whole thing and I am due to retire at the end of this year.
My other fellow director is currently on holiday and will return at the end of the week.
I have decided to put the cat among the pigeons (excuse my french).
In two hours I shall disappear from the scene to my caravan in Wales for five days, just to let the other guy stew.
I shall return 19 Sept. to read your messages.
Regards

noidea · Sep 14, 2008

joslachuk said:
Hello All,

We have an issue within our (Ltd.) company where 1 of the 3 directors has developed an increasingly abusive, threatening and violent behaviour over the years.
As a result communication between two directors has broken down for over 5 years.
Recently I was verbally assaulted, with insults shouted at me for everyone in the company to hear, for the only reason that I was progressing an order on behalf of a customer I had on hold on the telephone.
Eight years ago he shawed a threatening behaviour towards me.
Five years ago he hit a fellow director in the works which ended in a fight.
We are decent professional people and I feel that we have been far too patient for too long.
Personally, I feel we need to get rid of him as a director and an employee.
He could remain a 33% share holder (and receive his dividends) but we need to be able to continue to run our successful business, in a far better atmosphere!

Thank you in advance for any advice.

A fight 5 years ago and you are about to retire? Why so much action too late??

Dawg · Sep 14, 2008

3 directors. You are going to retire and the other two will have to work together? And you think you will get support for stirring the pot now?
Brave call.

mahutchinson · Sep 15, 2008

Sounds as if he should have been prosecuted at the time.

noidea · Sep 15, 2008

mahutchinson said:
Sounds as if he should have been prosecuted at the time.

Damn right. The police should have been brought in and he should have been on his way within 6 months of that incident.

blackandwhite1986 · Sep 15, 2008

in my opinion it's too much too late unfortunatley.

try acas or citizens advice if you really want to follow this up

joslachuk · Sep 22, 2008

Hello,

Thanks for your replies.
Please let me explain: 3 directors, one 57 years old (uncooperative awkward bully), one director 65 in one week time and myself 65 in three months when I shall retire.
It was my other 65 years old colleague who was hit by the other guy. I agree that action should have been taken at the time, but my colleague did not, because he was frightened of retaliation from the other guy. They have not spoken since.
My colleague (who is not retiring for a while) and I have managed to run the company successfully without the cooperation of the other director and managed to put up with him.

However, there are limits to what is acceptable and as explained earlier, I was verbally abused, insulted in the presence of our staff recently and this is not acceptable.

We would like to appoint a general manager to look after our company (14 employees) but we know that this would not work out in view of the awkward personality of the other guy.

How do you get rid of a director that does not take an active part in the running of the company, does not attend meetings, who physically and verbally assaults is colleagues at the slightest remark or criticism.

Thanks in advance for your advice.

ROY JONES · Sep 22, 2008

Chin him!! all bullys are cowards

Zeno · Sep 22, 2008

If I understand correctly you and the other director control 66% of the shares and voting rights so you can remove the director in question by following the usual procedure - see a solicitor to ensure you do it properly.

The trouble is that he may have rights as an an employee and regardless, will not like this at all - if he turns violent again there is the possibility of people being hurt (the workers?) so it may all have to be done through lawyers anyway. I am afraid your business will probably suffer and I can't see any way to protect it until this is sorted.

Perhaps (and I am just guessing) you could have a restraining order implemeted keeping him away from the premises etc? but as the assault was five years ago i don't know how this would go.

woodss · Sep 22, 2008

Call a board meeting and lay the cards out. Preferably with witnesses? If he's abusive or threatening, call the police.

joslachuk · Sep 22, 2008

He is a big ba$td from Salford and we could not let ourselves down by using the same language, the only one he knows.

woodss · Sep 22, 2008

What would you tell your children to do if the were being intimidated or bullied?

Either a) Chin them back or b) go to an authoritative third-party (headmaster, aka the police).

Yes there is a downside (you may get punched) but if that were to happen, then he will be done for assault and your problems are solved. If he doesn't punch you, you might just get what you want anyway

So ... confrontation is your only option, deal with what happens. Or, shirk away and let the bully win

Can I ask - WHY is this guy being such a moron?

joslachuk · Sep 22, 2008

Inferiority complex/ has a big chip on his shoulder

PI Guy · Sep 22, 2008

I would consult with a solicitor on this one. Discuss the possibility of an injunction against him, the assault, the abuse etc. As he is an employee then the possibility exists for dismissing him for gross misconduct due to his abusive behaviour / lack of trust and confidence.

noidea · Sep 22, 2008

PI Guy said:
I would consult with a solicitor on this one. Discuss the possibility of an injunction against him, the assault, the abuse etc. As he is an employee then the possibility exists for dismissing him for gross misconduct due to his abusive behaviour / lack of trust and confidence.

I totally agree: trouble is the time which has been waited will hinder any action. As a director you are somewhat responsible from protecting other employees (inc. directors) from the same violence and abuse under health and safety legislation in addition to employment legislation as well. It could backfire on you if you were found to be negligent of the responsibilities you have by keeping such a person. If another fight had erupted afterwards the company could have been prosecuted and in some circumstances even directors could be held responsible i.e. you. Saying this however it is great you are taking action later, better than never!

PI has hit the nail on the head - an injunction should be obtained which would take away his directorship in default. Do you have much evidence of the events including abuse?

raindrops · Sep 22, 2008

Easiest way is to buy his share of the business. As he is not an employee, it's more difficult to get rid off him.

joslachuk · Sep 25, 2008

Hello,

Not easy, but we need to take action as recommended.

Thanks for your help.

Officebird · Sep 25, 2008

Surely you just need to issue him with a written warning for the verbally abusive behaviour just recently, in order to get the process going towards sacking him. Then hold a board meeting and vote him off the board. If he kicks of in the office then sack him for gross misconduct.

You must confront him, as has been said you can't let the bully win. Why you have put up with it for 5 years is beyond me. How can you run a business where two of the directors refuse to speak for 5 years?

Good Luck

noidea · Sep 25, 2008

You must confront him, as has been said you can't let the bully win. Why you have put up with it for 5 years is beyond me. How can you run a business where two of the directors refuse to speak for 5 years?

Beyond me too...

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