misconduct or gross misconduct

Undervalued

prowla said:

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)?

Sorry but that is not correct, or certainly not that simple.

Even if the contract is silent on this point there is a legal duty to act in good faith. Having what is close to a full time job with another employer in a similar field could easily be argued to be in breach of this duty.

In most full time jobs there will be a requirement to seek the employer's agreement (not unreasonably to be withheld) before taking on any other employment. The employer will want to assess both if there is a conflict of business interest and also whether the extra work is likely have a detrimental effect on the employees ability to function effectively in their main employment.

As has been said by others, this is largely a moot point as, with well under two years employment, either (or both) employers could simply issue the greater of statutory notice (one week) or whatever longer period is specified in the contract.

They could potentially treat this as gross misconduct and give no notice at all! That might be questionable but the maximum a claim for wrongful dismissal (for which there is no two year qualifying period) would yield would be the notice pay.

My suggestion would be to grovel to both employers and hope that at least one values your skills highly enough to keep you on!

xyz111

i am thinking of leaving one job.

no employer saw any deficiency in my ability to deliver the work they were more than satisfied.

both companies had different scale of projects and do not believe that competed in same market.

the second job was a broader job that also overlapped with nature of work first did but was also including different set of duties

xyz111

both employment roles

i did work for second company outside contractual hours for the first company

they did discuss with each other as first company knew i was doing timesheets for the second company

Grumpy_chap

xyz111 said:

Hi
i was working with employer full time doing technical work on small jobs then i joined another job full time l. i was able to deliver both jobs successfully without complaints. they were in same market but not direct competitors at least that what i thought.. now recruiter sent my cv by mistake to both listed as present employers.. one picked it up and they both spoke.. i was totally honest and in delivering jobs and did not see breach of contract due to dissimilar scale of market so did not see as conflict of interest..

please advise 

You seem to be saying that you do two full-time jobs for two companies in related fields.
Eventually, for the bulk of the population, that is going to result in tiredness and reducing performance (probably in both jobs.

xyz111 said:

to confirm the decision to suspend you from your duties based on the following allegations

• · that you are in breach of Clause xx of your contract of employment by being employed by a competitor xxx without permission, without the knowledge of your line manager and in such causing a conflict of interest, 

What does Clause xx say?
Are you in breach?
Is that from both companies, or only one of them?

xyz111 said:

i did not need to notify 
the second company dealing with bigger projects often outsource their activities that i do for them to another smaller company (similar size to first company) and this external company provides same services to second company..

xyz111 said:

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

I am struggling to follow which is the first company and which is the second company, but I think you are saying:

• 1 year and 5 months ago you joined "A" on full time
• "A" is a smaller company
• "A" sometimes provides services to "B"
• 1 year and 4 months ago, you joined "B" on full time
• You deliver the same services to "B" that "A" provides to "B"
• You continue to work for "A" on full time

Is that correct?

How did you first get introduced to "B"?
Are "A" indicating that you are taking business from them by working direct for "B" where that work could be via "A"?

xyz111

am i able to place notice while dismissed?

Dakta

That doesn't make sense. Please be clear about what you're asking.

If you're dismissed, you're not employed, so there's nobody to give notice to.

If you're suspended, yes you can put your notice in.  Disciplinary proceedings may still continue during your notice period. 

xyz111

i am placing notice before disciplinary hearing

xyz111

is statutory sick pay paid over and above salary?

Dakta

why would it be extra? 

xyz111

and how long is max absence employee can take on full pay