Author Topic: Any solicitors??  (Read 4313 times)

gallsman

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Re: Any solicitors??
« Reply #30 on: June 19, 2021, 11:50:33 AM »
100% one way or the other record the meeting, go in with a pen and paper and request that the meeting is formally minuted and that you'd like a copy to review.

Depending on the size of the company, HR probably ain't all that and could shit themselves at someone preparing to actually show a bit of resolve and not get trampled all over.
« Last Edit: June 19, 2021, 12:30:20 PM by gallsman »
"Never mind your why. Why ain't in your repetoire no more n***a"

armaghniac

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Re: Any solicitors??
« Reply #31 on: June 19, 2021, 12:25:46 PM »
100% one way or the other record the meeting, go in with a pen and paper and request that the meeting is formally minuted and that you'd like a copy to review.

Depending on the size of the company, HR probably ain't all that and could shit themselves so someone preparing to actually show a bit of resolve and not get trampled all over.

Absolutely. And if they raise the issue of a non compete clause then specifically ask the question as to how they believe your weekend work is competing. If they are vague on this this state that this is not relevant and concentrate on the performance issues.
If at first you don't succeed, then goto Plan B

Tony Baloney

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Re: Any solicitors??
« Reply #32 on: June 19, 2021, 02:10:30 PM »
What specifically is the wording in your contract?

redzone

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Re: Any solicitors??
« Reply #33 on: June 19, 2021, 02:21:16 PM »
What about a bullet in an envelope. Leave it under  his wifes wiper blade.

Emmett

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Re: Any solicitors??
« Reply #34 on: June 20, 2021, 06:44:06 PM »
Thanks again to everyone for the advice and support.

What specifically is the wording in your contract?

CONFLICT OF INTEREST AND CONFIDENTIALITY

"Whilst in the employment of ........., you must not carry out any other business or employment without the written consent of the company."

Then it goes on about confidentiality.

whitey

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Re: Any solicitors??
« Reply #35 on: June 20, 2021, 07:04:22 PM »
Thanks again to everyone for the advice and support.

What specifically is the wording in your contract?

CONFLICT OF INTEREST AND CONFIDENTIALITY

"Whilst in the employment of ........., you must not carry out any other business or employment without the written consent of the company."

Then it goes on about confidentiality.

Just out of curiosity, why didnít you get written consent beforehand?

Is it (1) you forgot it was in your contract  (2) everyone else was doing it without permission and it had never been an issue or been enforced (3) there might be some perceived conflict and you wanted to fly under the radar.

In any case, when things like this happen, itís usually time to start looking for a new job

Tony Baloney

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Re: Any solicitors??
« Reply #36 on: June 20, 2021, 07:18:28 PM »
Thanks again to everyone for the advice and support.

What specifically is the wording in your contract?

CONFLICT OF INTEREST AND CONFIDENTIALITY

"Whilst in the employment of ........., you must not carry out any other business or employment without the written consent of the company."

Then it goes on about confidentiality.
They haven't mentioned conflict of interest in that clause. It clearly states *any* employment, without caveat or disclaimer, so I understand why they think you are in breach of your contract. (I'm not a solicitor).

However, I'm not sure what their issue is provided it doesn't impact on your employers business. If others are doing it and they haven't tackled them then it could be, as others have said, that it is you they are after. Are all the others doing homes, prods by any chance?!

David McKeown

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Re: Any solicitors??
« Reply #37 on: June 20, 2021, 07:45:18 PM »
Thanks again to everyone for the advice and support.

What specifically is the wording in your contract?

CONFLICT OF INTEREST AND CONFIDENTIALITY

"Whilst in the employment of ........., you must not carry out any other business or employment without the written consent of the company."

Then it goes on about confidentiality.
They haven't mentioned conflict of interest in that clause. It clearly states *any* employment, without caveat or disclaimer, so I understand why they think you are in breach of your contract. (I'm not a solicitor).

However, I'm not sure what their issue is provided it doesn't impact on your employers business. If others are doing it and they haven't tackled them then it could be, as others have said, that it is you they are after. Are all the others doing homes, prods by any chance?!

If others are doing it without permission and have been doing it without permission for a considerable period then thereís an argument to be made that your contract has been impliedly amended by reason of custom and practice. If not then you likely will be in breach of contract. Not every breach of a contract though is grounds for termination. Iím surprised your contract doesnít say something like failure to so notify will amount to gross misconduct and may lead to termination. In fact it strikes me as a poorly worded contract.

If you are ultimately dismissed then the company  will have to be able to justify this dismissal before a tribunal. If you have a Union I would involve them now if not I would advise you speak to a specialist solicitor. That said there are things to consider before you do. How long have you worked there? What age you are?  What your prospects for equivalent work are elsewhere. Payouts from tribunals are not always large, legal aid isnít available and even if successful you rarely get costs. Specialist solicitors are not cheap either. Taking a case to the tribunal could easily cost 5-10k. That will come out of any award you get.

armaghniac

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Re: Any solicitors??
« Reply #38 on: June 20, 2021, 08:02:48 PM »
A general prohibition on all other work would never stand up in court or a tribunal. My only suggestion is that before going to court you make sure that you have paid all taxes on the nixer.
If at first you don't succeed, then goto Plan B

imtommygunn

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Re: Any solicitors??
« Reply #39 on: June 20, 2021, 08:44:08 PM »
Also by the sounds of it youíre not fired yet lol. Record everything and make it as hard as possible. I still wouldnít guarantee you will lose your job here yet. The tribunal stuff is one for your back pocket. The threat of it in most cases would make companies pay out to avoid the inconvenient bad publicity but youíll have to shut up about it and move on. You would need some legs to stand on.

Undertones there are for me youíre not doing enough work. Get them to prove it and show workload etc to prove otherwise. If youíre not working hard enough work harder lol. Two things you donít do here as youíd be stuffed for doing it... donít say anything against your employers in any form of any electronic communication and donít under any circumstances do any work for whatever gig you have on their company time or property. I have seen both of them proven and backfire on people.

brokencrossbar1

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Re: Any solicitors??
« Reply #40 on: June 21, 2021, 07:36:36 AM »
It does seem like they are using the clause as a means to get rid of you. As David said above there is a chance that there would be an implied change if contract due to custom and practice. If you are ultimately dismissed after the whole process is completed be prepared for a wait. If they have no intention of settling at the early conciliation stage through the Labour Relations Agency there is easily a 2 year wait for a court date. Thereís a backlog in excess of 100,000 in the Tribunals at the minute and the system they have in place means they can only run maximum 8-10 cases a week,  with longer cases getting priority. Tribunals are very formulaic and document driven so get everything recorded, minutes agreed, processes explained etc. Tribunals do weigh heavily in favour of the employee so unless you have done something really egregious, which I donít think you have, you will be fine.  May be worthwhile getting the LRA in early to help negotiate a buy outÖ.

Tyrdub

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Re: Any solicitors??
« Reply #41 on: June 21, 2021, 09:05:01 AM »
Hi folks.

Wonder can someone on here offer me some advice?

I am employed full time in Lisburn and have recently started my own business on the side. This will completely be weekend work and will not interfere in any way with my main Monday - Friday job. There is no conflict of interest there either in terms of the nature of the job.

Today I have received a letter inviting me to an investigation meeting addressing allegations of gross misconduct due to carrying out other business without the company's consent. There is a conflict of interest section in my contract where this is mentioned but TBH I did not even consider this as my business will not have any effect on my main job. Perhaps very green/silly of me I know.

Aside from this my department has lost 4 colleagues in the past 2 years and only 1 has been replaced. There are now 4 of us carrying out the work of 6/7 people. I voiced my concerns about this last week. During my latest colleague's exit interview the HR Manager asked him if I was really as busy as I said I was and if I was under as much pressure as I claimed. Surely this is not allowed?

My boss who is a rude and difficult man told a colleague to refuse to take on extra work and to pass the customers on to me as "it will get him out of bed in the morning!!". A completely ridiculous and unfounded statement/claim!

I am now concerned I will be sacked next week.

Please advise  :(

https://www.pauldoranlaw.com/

employment solicitors, know him well, first consultation is free so might be an idea to pick their brains

Aughafad

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Re: Any solicitors??
« Reply #42 on: June 23, 2021, 06:47:21 PM »
I'm after any advice after getting myself into grief with a landscape gardener. Just before the first lockdown i had employed a landscape company to completely renovate my back garden for a total cost of £10,000 which included some building works and removal of materials. He started two days before the first lockdown in March 2020 and then disappeared promising to come back once everything opened up, at this stage i had foolishly given him a deposit of £2500 and then another £3500 on the second day for materials the same day that he left site never to return.

After many false promises, lies and dodged phone calls i got a solicitor involved and he has come back with a promise to pay me back £500 per month until the debt is satisfied. My solicitor seems to think this is the best outcome but i have reservations such as what if he goes bankrupt in the meantime, what if he just stops payments or the payments are late/missed.

Note the payments to him were bank transfers directly to his personal account.

brokencrossbar1

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Re: Any solicitors??
« Reply #43 on: June 23, 2021, 07:55:43 PM »
I'm after any advice after getting myself into grief with a landscape gardener. Just before the first lockdown i had employed a landscape company to completely renovate my back garden for a total cost of £10,000 which included some building works and removal of materials. He started two days before the first lockdown in March 2020 and then disappeared promising to come back once everything opened up, at this stage i had foolishly given him a deposit of £2500 and then another £3500 on the second day for materials the same day that he left site never to return.

After many false promises, lies and dodged phone calls i got a solicitor involved and he has come back with a promise to pay me back £500 per month until the debt is satisfied. My solicitor seems to think this is the best outcome but i have reservations such as what if he goes bankrupt in the meantime, what if he just stops payments or the payments are late/missed.

Note the payments to him were bank transfers directly to his personal account.

Was he a limited company or a soul trader?  The reality he could go bankrupt and youíll just add the list of creditors. The only way to protect in my way is to take him to court, get a judgement and then if he doesnít pay it enforce it through the EJO. Thatís a time consuming process, with no guarantee that youíll be any better off than under the current arrangement. I would get the repayment plan detailed in a repayment agreement which in the event of non payment would be useful in securing the judgement. Civil debts are a painful debt to chase

dublin7

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Re: Any solicitors??
« Reply #44 on: June 23, 2021, 08:12:28 PM »
If the landscaper is a limited company, take the deal.

If he's operating as a sole trader with a few lads working for him you can sue him personally  for the debt, but you have to take into account the time, cost to do all that