Gateley LLP legal experts on
High Court decision in RE UKLI on de facto directors, TUPE changes
and unfair dismissal in Little
The Companies Act 2006 defines a director as 'any person occupying
the position of director by whatever name called'. The definition
is intended to catch not only those validly appointed as directors,
but also individuals who, although not formally appointed as such,
to all intents and purposes carry on the role of a director within
the company – de facto directors. Being caught by the statutory
definition has significant consequences, since the individuals concerned
become subject to a host of statutory provisions, including the directors'
duties in the Companies Act and the disqualification provisions of
the Company Directors Disqualification Act 1986.