Refusal to sign contract

A

advicerequired

I'm a director of a privately owned management company that looks after the operations of a number of other businesses (owned by the same person). I am also an employee of the management company.

The owner has been gradually selling the individual businesses. The remaining few businesses are currently under offer in two groups, to two different purchasers.

Both purchasers already employ people who perform my function so I would be made redundant by them if the management company itself were to be sold along with either of the groups.

If the management company itself is not sold I assume it will be dissolved, having nothing left to manage. I presume this would be in the best interest of both the owner and the purchasers, as neither would need any complex justification for mine and my colleagues redundancies.

Seeing this gradual reduction of the company size, two other directors and myself tried to secure a decent financial outcome for ourselves in the event of our redundancy. None of us have employment contracts. We got one drawn up containing a 6 month notice period a few months ago, but the chairman or owner still haven't signed them. The most recent request for a signed, returned contact was refused on the basis that the contacts have been given to the potential purchaser as part of due diligence and therefore cannot be signed and returned. The chairman rarely returns calls and when he does, is evasive at best. He would also not reply in writing to anything.

I've tried Citizens Advice for this but can't get through, and I can't afford legal advice.

Can I legally demand a contract? I expect if I do, I'll get a basic one giving me one months notice - but is that better than nothing? I had an e-mail once from the CEO (who I used to report to but left quite a long time ago), stating I was on a 6 month notice period, but I no longer have it. One of my colleagues has a copy of it though. If my name is on the address list (it was sent to a number of directors at the same time) would that copy count?

I have 12 years service... but not on paper. 6 years ago I resigned (I was not a director of the management company at that time; I was an employee of the management company in a different role, and was a director of one of the managed companies). I then worked freelance for the management company for one month then I rejoined in a new position. I became a director of the management company 4 years ago.

Does the fact that I have a contract, on company headed paper and signed by me - mean anything? I don't have a copy of the one I signed but I could get another and print it out easily enough.

Or could I get another director to sign the existing one? I doubt they would but if it meant anything I could try. Operationally, I report to one of my co-directors, the deputy CEO, so perhaps they could sign it. I doubt they would though.

Any advice would be gratefully received, even if it's to say the problem is complex enough to invest money in a initial consultation with a lawyer.

Many thanks
 
B

Billmccallum

The lack of written contract is not relevant, you have a continuous period of service with your tasks outlined by doing the job over time.

The question on length of service is debatable, I would assume, given that you have worked with the company for 12 years (even if a short period was as an external consultant) you should be able to count the full 12 years (I'm sure the legal experts will be able to offer some clarity on this point).

My assumption (and I point out that I'm no expert) is that if the owner is planning to sell the business(es), he/she has a duty to consult with you, if you are effentually made redundant without such consultation, or without sonsideration for TUPE, then that is regarded as automatically unfair and you would have a case to take to an Employment Tribunal.

see http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Dismissal/DG_10026692
 
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