Opinions please

Davidcrossley

Free Member
Mar 2, 2024
7
6
Hello, I need some help and opinion on a situation I find myself in.

I’ve been employed by a firm for 20 years. The business owner recently died. There are two senior staff, myself and a director. We are not shareholders.

The owner used to generate income for the firm but after they became ill ten years ago, I stepped in and took on his department. Did very well with it to a point he decided to semi retire and live off the income the business produces.

Anyway, he’s now dead. The heir is a boy in his mid twenties. Think rich kid (very rich now) who has never done a days work and floats around over Europe. He has no interest in the business and doesn’t want to work in it. Instead he wants the remaining two senior staff to carry on and run it.

My assistance this year in helping run the firm has cost me £70k in lost personal income but nonetheless.

To add, because the boy isn’t experienced or qualified, the regulator will not allow him to be a director so I’ve been asked.

Six months ago the two of us made a proposal. The boy gives us 15% shares each in the business and we run it for him. We’ve grown the business very well (9% a year for the last 10 years) so we know the firm, industry and what we are doing inside out.

In the proposal I highlighted my value. My justification for asking for £500k in shares is based on the fact that

1) I’ll give the firm another 20 years of my working life. I’ve done 20 already and only had 3 sick days
2) of the £1.4m turnover, I generate 900-1m of this income so if I left, there may be a devaluation. Clients I’ve dealt with for 20 years with follow in due course
3) if I leave, the director will leave (he can’t face the fall out of me going. Two other staff will immediately follow so it leaves the boy 3 months to find two senior staff and support staff. Regulator may suspend the firm anyway as most replacement staff need 3 months notice and good staff is impossible to find so there may be a period where there are no senior staff to run the business and deal with clients
4) my income target is £650k and I smash this. The dividend for the owner will come from the excess income I bring in as I just stick to my target, the firm only breaks even. Therefore it’s in the interest of the new owner to retain me
5) the income level and work I undertake is probably in the top 10% in the industry.
6) I’ve had offers of £900k to go to another firm and bring my clients after a year.

I have to say, we made this proposal back in August and we are now in March.

Clearly the kid has been burying his head in the sand and we have intimated we will leave. This prompted a meeting earlier this week which offered us 15% of shares in a new class (dividend only) which means the value placed on me is £0.

Very sad, but I fear naievety is going to cost the kid this whole business because if I go, the whole thing will capitulate.

After rejecting the offer made via his mum, they have hurriedly come back to arrange another meeting. I’m planning on holding my ground and if they come back with another insulting offer, bearing in mind my MH is suffering due to the uncertainty and extra workload, I will just resign.

The opinion I’m seeking is, as business minded people, is what I’m asking for unacceptable?
 
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Sounds like your holding them to ransom but with like a lot of these things the picture is clear to you but without knowing more about the situation it’s hard to advise you, so many questions.
 
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If they gave you what you are asking for would you be happy running the business knowing all your efforts would be squandered by this youngster?

Maybe it's just time to walk away. You clearly have the skills to run the business so why not just set up on your own and take all the profit or take up the offer from this other company.

I don't think what you are asking for is unreasonable.
 
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Sounds like your holding them to ransom but with like a lot of these things the picture is clear to you but without knowing more about the situation it’s hard to advise you, so many questions.
To be fair, we made the request six months ago and the kid has ignored us. It’s not the way to treat the custodians of his new empire!
 
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Fair, thing is what if you die tomorrow? The business overall doesn’t sound secure if it relies solely on one person. Could they sell it?
 
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Fair, thing is what if you die tomorrow? The business overall doesn’t sound secure if it relies solely on one person. Could they sell it?
They can sell it. If sold now, I wouldn’t be part of the sale unless I was a shareholder. In which case, how much is a business devalued if the two fee earners walk?
 
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True again and you’ve obviously thought this through Dave, sounds like your holding all the cards. Hear what they have to say and if you don’t like it tell them they have 24hrs to agree to your terms or your walking. You clearly have lucrative offers elsewhere.
 
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True again and you’ve obviously thought this through Dave, sounds like your holding all the cards. Hear what they have to say and if you don’t like it tell them they have 24hrs to agree to your terms or your walking. You clearly have lucrative offers elsewhere.
Very sad situation really. Very strange that the business was never named in the will and went alongside the contents of his underwear drawer to the residual beneficiary.

Purpose of the shareholding was for his benefit to have people with skin in the game with a combined 50 years of track record with the firm. It keeps us there and when he wants to sell, naturally we will ensure we form part of that sale, which also commands a better price.

As I said to his Mum, 70% of £3m is better than 100% of what could be a lot lot less.
 
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I wouldn’t underestimate the son and his mother. You may well think your indispensable but if it was me I would get you replaced with new fresh staff. No one is indispensable in business.
 
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2) of the £1.4m turnover, I generate 900-1m of this income so if I left, there may be a devaluation. Clients I’ve dealt with for 20 years with follow in due course
3) if I leave, the director will leave (he can’t face the fall out of me going. Two other staff will immediately follow so it leaves the boy 3 months to find two senior staff and support staff. Regulator may suspend the firm anyway as most replacement staff need 3 months notice and good staff is impossible to find so there may be a period where there are no senior staff to run the business and deal with clients
4) my income target is £650k and I smash this. The dividend for the owner will come from the excess income I bring in as I just stick to my target, the firm only breaks even. Therefore it’s in the interest of the new owner to retain me
5) the income level and work I undertake is probably in the top 10% in the industry.

Is this not screaming for to start your own business?
2) You have a pipeline of clients that trust you.
3) You already have the 'dream team' of you, the director and two support staff.
Regulator may suspend the firm and you have the trust of the clients that will follow.
5) You are in the top 10 within your industry.

But if you don't feel comfortable with that, why not accept the £900k (pa??) offer and bring your clients with you after a year :-
6) I’ve had offers of £900k to go to another firm and bring my clients after a year.

Don't underestimate the "boy" and his mother though. You haven't expanded on what your fellow Director thinks.

.
 
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Am I missing something in this part "To add, because the boy isn’t experienced or qualified, the regulator will not allow him to be a director so I’ve been asked."
 
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Is this not screaming for to start your own business?
2) You have a pipeline of clients that trust you.
3) You already have the 'dream team' of you, the director and two support staff.
Regulator may suspend the firm and you have the trust of the clients that will follow.
5) You are in the top 10 within your industry.

But if you don't feel comfortable with that, why not accept the £900k (pa??) offer and bring your clients with you after a year :-


Don't underestimate the "boy" and his mother though. You haven't expanded on what your fellow Director thinks.

.
Here is the rub. The director has made it clear he wants to retire in three years so he’s adamant he wants 15% of the firm to carry on for three years, yet my proposition is the same amount for 20 years. Clearly I’m much better value. Out of loyalty to the director I haven’t started a private discussion with the new owner to be as I was hoping they would contact me directly themselves.

The director will only stay on if I stay on as he doesn’t want to mop up the mess that will occur when I leave. Fighting me on behalf of the firm when clients follow me may be difficult when I have sufficient evidence to show he knows what my intention is all along if plan A failed.
 
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I have jumped over some of the posts as thoughts are racing around my mind.
  1. Ask for more than 9% or 15% - the business will not work without you (and the other person?) - I do not think 30%+ is unreasonable, especially if the son has no involvement in the business. However, take heed to the advice that you are not indispensable!
  2. Speak to the director and discuss setting up your own business, as a last resort - start preparing to break away now.
  3. Equal share status
  4. Put a timescale in - agreement by x, sign deal by Y.
You are in a strong position and this will probably be the only time/opportunity it will happen - do not waste it!

BTW, what you are doing is not blackmail, it is business.
 
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I've seen this situation before. A friend of mine inherited £10m in property and a fantastic wholesaling business which his dad built up. At one point, I offered to buy the wholesaling business from him because customers were Argos, the MoD etc...

He had no skills, was rich and destroyed the wholesale business.

So three things. In answer to your original question, I think you're being extremely generous. In your position, I'd ask for a significantly higher % and more control.

Secondly, don't expect anything rational, intelligent or timely from the son. He just doesn't understand so if I were you, I wouldn't even think about staying. I'd think more about how soon I'd leave.

Finally, if you leave, bear in mind that it's harder to start a business again than you think because of all sorts of factors. But enjoyable, nonetheless.
 
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