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  EMP072 Letter to director, to discuss termination of directorship and employmentLetter to director, to discuss termination of directorship and employmentPrice: £9 Buy this document
 
 
 

Who will use this document:
A company chairman looking to part company with a board member who is also an employee.


Key features:
As any experienced chairman knows, there can be few tasks more difficult than to arrange the departure of a board colleague. This is all the more difficult in this case, where the director is Finance Director and responsible for the entire financial function of the Company.

Frank is Finance Director. He has been promoted internally, and still has a continuous, not a fixed term, contract. The considerations of the chairman in drafting this carefully crafted letter to Frank were:

  • to achieve his aim of procuring Frank's departure from the board and from the Company too, at least cost and with least disruption;
  • to avoid handing to Frank a successful claim for unfair dismissal;
  • to avoid Frank considering he has a claim for constructive dismissal;
  • to avoid a contractual claim by Frank for breach of contract;
  • to avoid a public argument or adverse publicity which might affect his company's share price.

The Chairman’s strategy:
Net Lawman cannot provide a “one size fits all” solution or document for this situation. In this example letter, the chairman is aware of the pitfalls to an employer of the employment legislation at large. What he tries to do is to take a low key approach which protects the position of the Company, and yet which prompts Frank to see that his best course is to approach a solicitor and negotiate a settlement. At this stage he takes great care to make clear that Frank's employment is not at issue.

This is an area where direct advice form Net Lawman on your particular circumstances may well be essential.

 
 
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  EMP072 Letter to director, to discuss termination of directorship and employmentLetter to director, to discuss termination of directorship and employmentPrice: £9 Buy this document
  Document length: 500+ words; Explanatory notes: 0 words    
 
 
 
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