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invited to disaplanary when on garden leave! urgent help needed

24

Comments

  • Zazen999
    Zazen999 Posts: 6,183 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    singingrep wrote: »
    found it now, wasnot looking properly.

    you need to delete the other mention of the company, further down the page as well.
  • Thank you have done all I want out of this is a new job and my redundancy is that too much to ask!
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    It can be

    If a company is still paying you then its a case of they can still expect you to abide by the terms of your contract.
  • I also failed to mention that when being sellected for redundancy I was informed that as the company has a north devision and a southern devision that I would not be pooled with anyone from the north as they have corporate account manager that are not facing redundancy is this legal?
  • it turns out that I am the only one being made redundant from this position. surly there is somthing that is amiss with all this or there are some serious loop holes in the law to help employers shaft thier employees.
  • patman99
    patman99 Posts: 8,532 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    Is there anything within your contract of employ that specifically prevents you from working for, or running a company in the same sector within a given time-frame or distance?, if so, then this may affect your ability to get a job. However, if it doesn't, then create a business plan, set-up on your own, and then use your list of contacts to take work from your former employer (or get a job with one of their rivals and do the same). That will teach them to single you out.
    Never Knowingly Understood.

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  • thorsoak
    thorsoak Posts: 7,166 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I would suggest that your first point of call should be ACAS - they will be able to let you know how the disciplinary procedure must be carried out.

    See http://www.acas.org.uk/index.aspx?articleid=1461
  • Kimitatsu
    Kimitatsu Posts: 3,889 Forumite
    1,000 Posts Combo Breaker
    There was a case back in the '90's/early 2000 that set the precedent for this. As you are on gardening leave without the express permission of your company that currently employs you, you cannot contact any company and tout for business - they are quite correct.

    You can go for interviews but you cannot conduct business on behalf of someone else - and regardless of your point of view that no business was concluded, you are still a representative of the company that currently pays you.

    I would also check your contract of employment carefully as there is usually a clause which prevents you from contacting your existing client base within a specified time period, or may prevent you from working for a rival company for a certain period of time.
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • mikey72
    mikey72 Posts: 14,680 Forumite
    edited 9 November 2009 at 10:15AM
    Usually you have the right to go for interviews after you have been notified you are to be made redundant though, and maybe it could still be classed as an interview. Not sure how the competitor rule is applied then though, as you are not leaving to go to a competitor, your existing company is terminating your employment.
  • bendix
    bendix Posts: 5,499 Forumite
    The OP is doing work for another company while on gardening leave. It's an open and cut case. Grounds for instant dismissal.

    I don't see any other outcome.
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