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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48196
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employer says i have breached its code of ethics and in

Resolved Question:

My employer says i have breached its code of ethics and integrity
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for and is there a specific policy they are referring to?
Customer: replied 2 years ago.

Hi Ben thank you for helping. I

HAVE worked for the company for 8 and a hlaf years. I have just resigned to go another employer as I felt the employer was unable to uplhold my part time working contract. On the advice if ACAS i still raised a greivance befire I left to sgare my feelings with the company. The company is american and asks all employees to sign a code of ethics and principles of integrity when commencing employment which i have. During off the record or so I thought discussion with HR partner to discuss all options and possible outcomes of raising a greivance, I mentioned I knew the company paid compromise agreements and asked what these are. Head of HR says I was using knowledge from my role as Payroll Manager for personal gain and may be breach of the code I signed. Was genuine curiosity in talking through options, all hypothetical and no specific instances of cases referred to. I don't see the documents as they are all held in HR so I would not be able to comment on individuals. They are using very scary language and sayingI have breached code.

Expert:  Ben Jones replied 2 years ago.
Hi, breaching this Code is not really something you should be overly concerned about because it is simply an internal matter. The worst that could happen from such an alleged breach is the employer takes disciplinary action against you, and in the most serious of cases – dismisses you. However, you have now resigned and are going to a new employer so the issue of any disciplinary action or even dismissal is no longer an ongoing concern. The employer could be using threatening language if they wanted to but that does not mean they have anything against you – they cannot really take you to court or sue you in any other way if you have breached the Code they refer to. So do not be too concerned about what they say or threaten to do.
In terms of taking any further action yourself, then in the circumstances that is unlikely. If you feel you had been forced to leave the company as a result of their unreasonable behaviour then you could have reigned and claimed constructive dismissal. However, that will only compensate you for loss of earnings as a result of you leaving so if you have found a new job and are starting soon after leaving, your losses will be relatively low and probably not worth taking this to a tribunal for. So the grievance, as you have already done, is probably the best thing to do here as a parting shot.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you so much Ben, the worry that this could result in them taking legal action against me (us companies are so litigous) has actually made me ill since the discussion yesterday! I am so concerned that this could be detrimental on my new employment or that they could report me to my professional accountancy body which would clearly impact my livelihood going forward. I did suspect something would come up where they would make me squirm. Are there any other possible negatives from taking the greivance forward, do I need to tell my new employer? Thank you

Expert:  Ben Jones replied 2 years ago.
under UK law there is little they can do to sue you. I cannot say anything under US law unfortunately, but the risks are relatively low. Nothing to lose by raising a grievance to be nest and you do not have to tell your new employer if you did so
Customer: replied 2 years ago.

Thank you Ben, I can enjoy my weekend now!