misconduct or gross misconduct

xyz111

just over 1y 5m first and 1y 4m second 

Dakta

Ah in that case things get a bit  more tricky, they can more or less let you go for any reason except for protected characteristics i.e race, disability etc. They don't even need to bring misconduct against you, so I'm surprised they're giving you the suspension routine as they can let you go with no reason at all.

Ultimately I'dbrace for the worst, if both sides have suspended you it sounds like neither are happy with your conduct and there isn't much available in terms of mechanisms to protect you. Unless it's a protected characteristic you can't easily bring a challenge against your employer until two years of service.

I'm all for defending the employee but there's nothing really much to go on, you've worked for two employers in the same market, neither were aware and having found out both consider it a breach of trust, though they don't necessarily need to go that deep into it they can just terminate you.

I think best approach now is to start looking, batten down the hatches, you can try and be contrite - if you're a good worker and plea your case it may be heard - but realistically you've little in actual rights. Other members will confirm but I think the best way is be contrite, hope for the best but plan for the worst. 

tealady

Also how was your tax code split? You need to ensure you are paying the correct amount of tax or you could be in for a nasty surprise next year.

xyz111

hmrc affairs were all set

prowla

If the contracts don't specify exclusivity then there is no expectation of exclusivity.

If you were doing work for one company and then used that same product for the other then you may have breached intellectual property (IP) clauses.

if you ever did work for one whilst on the other's clock, you may have breached contracted hours.

Why did the recruiter send out your cv without your approval?

Did the two employers breach GDPR by discussing your employment?

Were these employment or contract roles?

Did the contracts state working hours (eg. 40 hours 9-6)?

JReacher1

It sounds like you’ve been doing two full time jobs at the same time. That doesn’t sound right really. 

Suspect you’ll be dismissed from at least one of them. If you are good at your job one may ask you to stay upon the condition you leave the other employment. 

xyz111

i was really good at both jobs no complaints and very happy clients and managers..

[Deleted User]

xyz111 said:

i was really good at both jobs no complaints and very happy clients and managers..

Which is great, but with all this coming to light it could simply mean neither feels they can trust you. The relationship has changed. It’s unfortunate, but it happens. 

JReacher1

xyz111 said:

i was really good at both jobs no complaints and very happy clients and managers..

They’re not happy anymore though! 

I am sort of suspecting this may be a wind up as it seems slightly ridiculous and your responses don’t seem genuine. Still if not good luck and hopefully it will work out for you. 

Dakta

I was going to say, getting information has been hard.

You will get good information on here, but you'll have to be forthcoming and clear to get the maximum benefit - if you have been employed less than 2 years I don't think they contract argument will stand much ground really as there's little comeback for letting you go for any reason at all. So in legal terms at least, what happens will depend on what each company decide wants to happen. 

Not trying to rub it in, I just don't want to understate the challenge.