This chapter discusses the role of trustees, which is central to the operation of trusts. In most cases, trustees have extensive powers conferred upon them by the trust instrument or by the general law. The way in which they exercise those powers can have a huge impact upon whether or not the objectives of the trust are achieved, and upon the beneficiaries. Choosing the right trustees is, therefore, essential. This chapter thus looks at how the original trustees are appointed and what steps can be taken should the trustees need to be changed through resignation or retirement, or because the settlor or the beneficiaries are no longer content that a trustee should continue in office.
Chapter
32. Appointing and changing trustees
Chapter
12. Vacation of office and disqualification
This chapter looks at the various ways in which a director can cease to be a director: resignation; vacation of office in accordance with the articles; retirement by rotation; removal; and disqualification. A director can resign at any time by giving notice to the company, which must accept their resignation. A company’s articles can specify what circumstances will cause a director to vacate office, as well as requiring its directors to periodically vacate office and, if they so wish, seek re-election. Section 168 of the Companies Act 2006 (CA 2006) provides that a director can be removed from office by a company passing an ordinary resolution at a meeting. Meanwhile, under the Company Directors Disqualification Act 1986, a director can be disqualified from acting as a director, either by the court imposing a disqualification order or by the Secretary of State accepting a disqualification undertaking from the director in question.
Chapter
9. Wrongful and constructive dismissal
This chapter begins with an exploration of wrongful dismissal law, which has for many decades provided employees who are dismissed in breach of their contracts with the opportunity to apply to a court for damages. In recent decades wrongful dismissal has been superseded to an extent by unfair dismissal law, which provides a more satisfactory remedy for most who are unlawfully dismissed. But there are circumstances in which the longer-established law continues to play a role, and this is the focus of the first part of the chapter. It then moves on to look at constructive dismissal law, which appears to become more significant each year as precedents are set and more people become aware of the possibilities it offers when they resign from their jobs as a direct result of suffering unacceptable treatment from their employers.
Chapter
15. Wrongful Dismissal
This chapter examines the legal consequences where an employer lawfully or unlawfully terminates the contract of employment. It considers the competing elective theory of termination and automatic theory of termination, along with statutory intervention in the form of minimum periods of notice set out in section 86 of the Employment Rights Act 1996. Stress is placed on the importance of using the correct terminology in this area of the law and bilateral, unilateral, and non-lateral terminations are defined. Further discussion covers suspension of contract and the conduct of disciplinary hearings. Finally, the remedies available to employees in the case of a wrongful dismissal are addressed, including the circumstances in which a claim for damages is likely to be successful.
