Suspended

[Redhvan]

Hi. I have just been suspended from my employment and have a disciplinary meeting on Monday. The reason is that I was approached by a client to set up a similar company to the one I currently work for. My employers found a email trail with me discussing this. I know it's wrong and I deserve to get the boot but I wonder if there is anyway I can defend myself against dismissal. I'm not certain if the have grounds for this but I might be wrong.

 

Has any one been in a similar position that can perhaps offer some guidance? Any help appreciated.

 

Thanks

[Emmzzi]

What does your contract say about this sort of thing?

 

And also - you sent it from your work email account?

[Atlas01]

it comes under a breach of fidelity (look it up) or in plainer employment terms breach of trust & confidence

 

your only line of defence off the top of my head is the Manuel from Barcelona principle "i knew nothing" note the tense, before i got the invite for monday i had no idea i should do not this but i have now looked it up and my contract didn't say anything along the lines of not doing this. i'm really really sorry xinfinity

 

that is a very long shot and i'm guarded to even offer the advice as it could easily backfire on you as it is an implied term of any contract that you do not act in competition with your current employer (e.g. it does not have to be written down hence implied)

 

in legalese

Lord Woolf MR described this duty - "The employee must act in good faith; he must not make a profit out of his trust; he must not place himself in a position where his duty and his interest may conflict; he may not act for his own benefit or the benefit of a third party without the informed consent of his employer". Therefore the duty of fidelity requires the employee to have regard to the interests of the employer.

 

 

all i can really say is your in major damage limitation mode, i would try my best to get a steer on where they employer is heading with this one in the hearing before making any kind of challenge and if they for some reason were not looking to dismiss my gob would remain firmly closed apart from the deference to them

[lenn]

When you walk through the door, ask if they intend to dismiss you. If they say yes then you may have them on a technicality as they have prejudiced the outcome.

 

Have they confirmed the disciplinary in writing, does it state that dismissal is an option?

 

Have they advised that you may be represented?

 

I would be looking for a technicality to be honest.

[cazzajay]

Just a curve ball idea along the lines of damage limitation - would it be worth negotiating to say you'll go quietly if they agree not to mention it in a reference requested by a future employer?

[smokejumper]

A good idea from Cazzajay.

 

Just thinking aloud, did you also send these email in the companies time as well as using their facilities.

 

 

 

Just a curve ball idea along the lines of damage limitation - would it be worth negotiating to say you'll go quietly if they agree not to mention it in a reference requested by a future employer?