Employment Law- Conflict of Interest Policies

sangie595

Kpros wrote: »

Thanks for those that spent the time to reply, especially the constructive points.

I will wait for the policy to come in and see what the company decide to do.

Shortcrust, where have I stated that it is 'Illegal'?

Sangie595 - it seems as though you've forged some pretty strong opinions; I respect your views nevertheless but the phrase 'fighting to the death' was exactly that...just a phrase. I'm not literally going to put a pair of boxing gloves on and get in to a fight over it. I just mean that I have managed him for four years, there hasn't been a single instance where a conflict of interest incident has occurred and it is well known that I expect more from my brother and if anything purposely give him less discretion, but yes, I would definitely 'fight to the death' for any colleague that I have managed for four years.

Thanks again for all feedback and advice

I would suggest that you re-read what I said. Constructive advice and advice you like are not the same thing. The employer can do this. Full stop. They have this policy, they have told you what is going to happen. Game over. If you choose to fight that ground, you will lose AND you will leave it open to question as to what conflict of interest exists. How you see things going, and what others think of it, are also not the same thing. Because there is one thing that is abundantly clear. Employers do not spend effort designing and implementing policies that they do not think they need. So why do they think they need one? The very fact that they have introduced this policy, and that they have implemented, means that the have a reason to separate you and your brother. They never needed the policy to do that. They could have done it anyway. So whatever you don't think is a problem, I would suggest to you is either a problem or an opportunity for the employer. There is another scenario that lends itself. They've moved your brother to another team. You say that other teams have more staff. Yours is being reduced. It was away reduced. That does suggest that another possibility is that they wish to keep your brother, but not your team.

takman

Kpros wrote: »

Thanks for those that spent the time to reply, especially the constructive points.

I will wait for the policy to come in and see what the company decide to do.

Shortcrust, where have I stated that it is 'Illegal'?

Sangie595 - it seems as though you've forged some pretty strong opinions; I respect your views nevertheless but the phrase 'fighting to the death' was exactly that...just a phrase. I'm not literally going to put a pair of boxing gloves on and get in to a fight over it. I just mean that I have managed him for four years, there hasn't been a single instance where a conflict of interest incident has occurred and it is well known that I expect more from my brother and if anything purposely give him less discretion, but yes, I would definitely 'fight to the death' for any colleague that I have managed for four years.

Thanks again for all feedback and advice

Well there you go then your treating him differently because he is your brother, so that's a conflict of interest. Expecting more from him and giving him less discretion than other team members is unfair and could lead to disagreements.

This is why it's always a good idea that larger workplaces have polices that prevent family members being directly below other family members in the organisation. This kind of policy will help prevent any family related problems and won't be aimed just at you and your brother.

So I think it's unreasonable to challenge the policy or challenge them moving your brother to another team. But it would be perfectly reasonable for you to have a say in who is going to replace him and for you inform your manager that you will be less effective while a new member is getting used to the new team so won't get as high results as previously predicted.

getmore4less

Wonder if your brother asked to be moved?

Kynthia

getmore4less wrote: »

Wonder if your brother asked to be moved?

I was wondering that. He's one of the best in tge team but is given less discretion than others so perhaps he feels restricted by being managed by family and wants to move. Speculation I know.

FBaby

Wondering that too. The 'out of the blue' often have a 'spark before the flame' and I don't think you can assume that no-one had any issues with it.

Introducing the policy is one thing, the fact that they want to use that policy immediately to introduce changes in the line management of your brother is a pretty strong indicator that either he wasn't happy himself, or someone else wasn't.