can a practising nurse be a company director?

Grugz · 14 October, 2015, 02:53:49 PM

just querying this as an old "colleague" made a point of only "being able" to work very part time meaning me who genuinely needed to drop hours wasn't allowed to.i have found out she works as a director in her husbands i.t. business would it count as a conflict of interest if she hasn't disclosed her position to the nhs?

appreciate any nuggets on this .

TordelBack · 14 October, 2015, 03:12:58 PM

Doubt it, if it's a limited company. 'Director' is just a board position in a limited company (there have to be at least two - Chair and Secretary). There's no implication that you actually work for the business, and no requirement for pay - you just ensure the company fulfills its statutory reporting and legal obligations. I think the minimum time commitment is just two meetings a year, and they could be scheduled out of work hours (especially if her hubby is the only other director).

Grugz · 14 October, 2015, 03:23:19 PM

never mind, plan b beckons

The Enigmatic Dr X · 14 October, 2015, 06:56:03 PM

Starting point on this is that a private company (not a plc) needs to have only one director, a secretary is optional and there is no minimum number of meetings where the need for an AGM is dismissed. A director does, though, need to fulfil his or her duties at common law and under the Companies Act (in partiular sections 170-177) and must be sufficiently engaged in the business to do so.

Therefore, in principle: yes, a nurse can be a director.

However, I'd then look at the specific facts.

A nurse (or anyone) can waive or restrict that right in relation to an employer by accepting terms and conditions of employment that outright say that they cannot be a director or will not take up an office in a company or (and this is more tenuous) require the individual to devote their whole time and attention to the job. It may also be that professional regulations or registration or insurance requirements create an issue.

Of course, if they are acting as a director outwith their normal working hours then the matter is a bit greyer - but an express contractual ban on office or undertaking not to be a director would apply.

That is, however, unless the company in question created a conflict of interest. Again, the employment terms would be the first place to look, but the short version is that a conflict is not necessarily fatal. The long story on conflict of interest for directors is probably not relevant.

So, the short version is: in principle yes. The long version is: in principle yes but you need to look at what restrictions apply to the individual.

TordelBack · 14 October, 2015, 07:45:13 PM

Quote from: The Enigmatic Dr X on 14 October, 2015, 06:56:03 PM
Starting point on this is that a private company (not a plc) needs to have only one director, a secretary is optional and there is no minimum number of meetings where the need for an AGM is dismissed. A director does, though, need to fulfil his or her duties at common law and under the Companies Act (in partiular sections 170-177) and must be sufficiently engaged in the business to do so.

Hmmm, I appear to be guilty of spreading misinformation - I assumed company law was basically the same in the UK as in ROI - where the min number of directors (in a limited company) is two. Or rather it WAS, I now learn. until last year and the new Companies Act 2014, which provides for single-director limited companies - although a separate secretary is still required (in Ireland). Sigh, how quickly one's hard-won knowledge goes out of date! Apologies for confusion.

The Enigmatic Dr X · 14 October, 2015, 07:56:59 PM

Quote from: Tordelback on 14 October, 2015, 07:45:13 PM
Hmmm, I appear to be guilty of spreading misinformation - I assumed company law was basically the same in the UK as in ROI - where the min number of directors (in a limited company) is two. Or rather it WAS, I now learn. until last year and the new Companies Act 2014, which provides for single-director limited companies - although a separate secretary is still required (in Ireland). Sigh, how quickly one's hard-won knowledge goes out of date! Apologies for confusion.

Misinformation on the internet? Pah. Who would believe such a thing?

GordonR · 15 October, 2015, 09:05:49 AM

Does anyone else have any advice how Grugz (for kinda vague, and not terribly pleasant-sounding, reasons) can try to get a colleague fired or disciplined by their employer?

TordelBack · 15 October, 2015, 09:56:02 AM

Grugz has a history of getting the very shitty end of the stick in his job (as he has presented it, of course - but that's all we have to go on). If he's casting around for an angle of counter-attack I can't really blame him. As a legal chappy Dr X is merely supplying his expert opinion of the mooted strategy. And I'm just making a knob of myself, as usual.

The Legendary Shark · 15 October, 2015, 06:31:41 PM

It might be more productive to look into the reasons given for you "not being allowed" to drop hours rather than the colleague blamed for it. Why were your reasons dismissed and by whom? Try to find out why the 'Company Director's' reasons were accepted and by whom. Are there procedures? Were they followed? Who oversaw those procedures? Try to make this Company Director an ally, if that's feasible. Find out how she arranged to drop hours and compare notes with what happened when you asked for a similar consideration.

Do not multiply your enemies. Remember your focus and turn every piece of information you can towards it. Banish words like 'revenge' and 'justice' from your vocabulary, they just confuse. You can't go back to how it was, whether you want to or not, so revenge and justice won't help.

In my humble opinion, knowing few of the details and learned in bullshitology, I would suggest that your struggle is for a new equilibrium, a new harmony, in your life. You must see this situation as an opportunity to get that new harmony, I think, and not an opportunity to settle old scores.*

But whatever happens, Grugzie, I'm in your corner.

*I'm not suggesting you're doing this, it's just an example of a negative motivation.

Grugz · 16 October, 2015, 10:31:04 AM

Quote from: Tordelback on 15 October, 2015, 09:56:02 AM
Grugz has a history of getting the very shitty end of the stick in his job (as he has presented it, of course - but that's all we have to go on). If he's casting around for an angle of counter-attack I can't really blame him. As a legal chappy Dr X is merely supplying his expert opinion of the mooted strategy. And I'm just making a knob of myself, as usual.

shitty end? the whole stick was shitty! there was a lot going on I didn't cover but someone was allowed to get away with hitting me on one occasion. I have written evidence that they were even keeping a book on me to use against me (despite several ignored requests to see it) they have effectively destroyed a carreer I was in for 20 years and loved because one of these colleagies didn't like me for whatever reason, but not having a job to lose and not having to face the perpetrators on a daily basis has given me the confidence to fight back.