| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 344 (Jul) |
| Court: | Employment Appeal Tribunal |
| Judge: | Burton J, Mr F Motture and Mr P Smith |
| Representation | The complainant did not appear and was not represented. |
| The company appeared by its representative. | |
| Judgment Dates: | 18 April 2005 |
Catchwords
Company - Director - Managing director - Removal - Complainant employed as executive director - Resolution of company removing complainant from directorship and terminating contract - Construction of company's articles of association - Whether breach of contract - Whether unfair and wrongful dismissal - Companies (Tables A to F) (Amendment) Regulations 1985, SI 1985/1052, Table A, art 84.
The Case
On its proper construction, art84 of Table A of the Companies (Tables A to F) (Amendment) Regulations 1985 included two limbs: (i) the director might be appointed to the office of managing director or to any other executive office under the company; (ii) the company might enter into an agreement with any director for his employment by the company or for the provision by him of any services outside the scope of the ordinary duties of a director. The former kind of exercise of powers by a company's board would lead to a situation in which the director's removal did lead to the automatic termination of his or her employment and the second method would not.
Practice Areas
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