Think Im up the creek without one HELP request PLEASE

[moneysaver]

I am currently a Director of a plc company which is being sold (The title of Director is purely on paper and I have no say in the running of the business)

The owner will be receiving a lump sum with additional pay outs later. I have always been promised a 5% share of the business which would be realised when the company is sold, although have never received any share certificates. My questions are as follows.

Will TUPE apply when the new company takes over?
If dismissed would I have a case to argue unfair dismissal?
As Director will I be required to sign anything to ensure the deal goes through legally.
If the 5% shares are not realised is there a way to persue a claim?

thank you for any advice

[eequals]

If you have no written agreement as to the transfer at any time in the future of a right to 5% of the equity of the business, I can see no way in which you could successfully pursue a claim. The right to a share of any company is document driven, with all i's dotted and all t's crossed.

If you were to be dismissed there is no reason for you to be disqualified from pursuing a claim for redundancy and / or compensation if there were grounds to justify the latter. This would hold, whether or not you held any of the shares. Where such a claim is unlikely to be allowed is if the director concerned held a very large controlling interest, which clearly cannot be the case for you.

TUPE is pretty complex and I suggest that here you seek the advice of an experienced solicitor. Perhaps there's one here that could help.

Joe

[moneysaver]

Joe,

thank you for your help