Recent content by ASeelhoff

  1. ASeelhoff

    Advice on resigning as Director?

    I would strongly recommend an hours consultation with a solicitor with plenty of experience in the area just as a starting point. There are so many ways you can end up being personally liable for things its just not worth taking chances, and as the previous poster said you can't just walk away...
  2. ASeelhoff

    Sued? Or warned first?

    If they don't send you a written warning first a court is going to take a very dim view of any claim and probably throw the claim out Adrian
  3. ASeelhoff

    Magazine threat.

    you should have a cooling off period and right to revoke. Cold calling and radnom hard selling is a nightmare. I'm getting two calls a day asking me to change my electricity/gas/water supplier at the moment and i'm in serviced offices Adrian
  4. ASeelhoff

    Who pays the lawyer fees?

    Normally you can only get costs if it goes as far as court, and if it is contentious. If they did not listen to you I would instruct a solicitor to prepare an initial letter setting out the breach and advising them of the consequences. You will have to pay for it, but depending on the...
  5. ASeelhoff

    Employemnt - Termination Help Required

    In the first twelve months you do not acquire significant rights under employment law, so you would not have an unfair dismissal claim. One week is the lgal minimum notice period You say you did not have a contract, they are legally obliged to give written confirmation of the terms of...
  6. ASeelhoff

    Terms & Conditions

    I would recommend taking extra care over them and getting them done professionally as well. Its too easy to have a badly worded clause ignored because its not reasonable, or because it does not make sense when a well worded one could give you real protection.
  7. ASeelhoff

    Who pays the lawyer fees?

    it depends, you can get costs, but it will depend on the conduct of the case on both sides. Why don't they think the trademark applies?
  8. ASeelhoff

    Finding the right kind of Solicitor

    Thats quite an unusual sort of case. You may struggle to find anyone with much experience of similar matters. I used to work with a guy called Paul McAndrews who did property related litigation and he is excellent. Only trouble is he is in Holborn.
  9. ASeelhoff

    Mediation or redundancy?

    Thinking a couple of steps further this case could get very complicated. Would i be right in thinking you have social services involvement in terms of funding and care plan management with the residents?
  10. ASeelhoff

    Mediation or redundancy?

    These situations are never easy. I have an adult brother with Downs Syndrome in a similar facility and know how close people get to the best care providers. We've seen similar issues with downgrading of staff, and the home he is in is due to be reclassified which will drop the manager too many...
  11. ASeelhoff

    Husband & Wife Directors

    There is no simple answer. To some extent it depends on whether there are salary payments as well, or if he will be making separate maintenance payments. It sounds like you probably need a divorce solicitor
  12. ASeelhoff

    how long should the notice be?!

    if you have given him the contract and he has not objected to it within a reasonable period he is probably bound by it and its terms (as he has worked and received a wage) and you probably have satisfied the legal requirements.
  13. ASeelhoff

    Mediation or redundancy?

    This is a difficullt situation. I suspect it depends how much you want to retain the job. By recognising the need to mediate with the staff the company appears to have recognised that if they force you out it will be unfair. You have a choice, you can go through the mediation, see if it...
  14. ASeelhoff

    Offered a Directorship

    There are plenty of risks to consider, among the things you should check are whether you have seen full accounts, what Directors and Officer's Insurance is carried, what assets the company has etc. Even as a director who has no ownership rights you can end up personally liable in some circumstances.
  15. ASeelhoff

    employee or co-owner?

    Have the divorce and financial arrangments been resolved? If they have not almost anything that you agree or negotiate otherwise is still going to be subject to the final decision of the family courts especially if there are children involved. Its always best to negotiate and reach a...
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