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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44874
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben, I am a Business development consultant and after been

Customer Question

Hi Ben,
I am a Business development consultant and after been working for the company 9 months setting up the Spanish Market on gaining new contracts with new clients for the company. over a week ago a had a meeting with my boss , unbeknown to me at the meeting they announced they have chosen to terminate my contract on the 4th July and from that day the have put me on gardening leave until the termination is effective.
The company agreed To pay me the three months up the 10th October. All the commissions that I gained during my time at the company they stated will be paid on the 10th April, as the termination on the contract is for 6 months if I adhered to the terms of gardening leave by not contacting any clients.
Yesterday I received an email from them telling me that I breached the terms of my garden leave and subsequently have terminated garden Leave agreement that was stated on the letter on the 4th July.
The company say that my phone records ( from the phone that they reclaimed from me on the 7th July)show that on the 7th July I received an incoming call for over 5 minutes with a client putting me in conflict with my garden leave terms that were discussed on my termination meeting. Please note that the client did contact me and I was acting in good faith for the company in my response to her. In addition in the letter they stated I had some communication on Linkedin social network site by email one ex colleague and friend for many years who is employed with the competition. This was ridulous as I have been in contact with my friend for years and they have used this as lame excuse.
The company say that because this breaches of the terms on my contract and indeed what subsequently appears to be interference in their business relation with the clients and competitive companies they are terminating my employment without notice from the 7 th of July. Salary payment shortly and my P45.
I never received any reason for my leaving the company in the first place though they have said I have acted in good faith throughout my time there. They said as I was there for such a short period of time they they didn't need to give a reason. I feel their reasons are purely down to finances and they have used this abrupt termination is they did not want to pay three month salary and my earned commissions and tried to find a reason to terminate my contracted prematurely.
I look forward to hearing your response.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What specific restriction did you breach, what was the wording?

Customer: replied 4 months ago.
Hi Ben,
Did you get the message I sent to you outlining the events?
I am being accused of contacting a client during gardening leave when she made an incoming call to the work mobile phone, admittedly she was not pleased with the company dismissing me and sub sequentially does not want to do future business with them as she wanted her company to work with me. However I acted In good faith on the phone towards the client and my previous company. Later that day I handed back my mobile phone not at all concerned with an call history that I had made. Equally they have accused me of contacting a competitor in the same line of work on LinkedIn- we have been friends for years and often see one another socially but they have spinner it so it looks like I have approached the competitors in the same market.
Please let me know if you did not get my initial explanation and I will resend it.
Expert:  Ben Jones replied 4 months ago.

Hi there, sorry I was offline by the time you had replied last night. I would agree that it appears employer is simply trying to use this as a reason to avoid paying you what you are due. Have just latched on to a strict interpretation of the restrictions you were working under and applied them without any reasonableness or degree of flexibility.

If they were to try and accuse you of breach of these restrictions, then really there has to be something of a common sense approach. For example if you had contacted clients with a view of affecting the company’s business, e.g. Trying to poach their business after you leave or affecting the way they do business with the employer, then it would be reasonable for the employer to try and accuse you of breaching these terms and take action. However, a phone call, especially one that you did not make but received and for a short duration, and from someone you knew personally should not be seen as a serious enough breach to justify dismissal on grounds of gross misconduct.

In the circumstances you are able to consider pursuing them for wrongful dismissal, which is a dismissal for breach of contract to try and get your notice pay.

This is your basic legal position. I have more detailed advice for you in terms of the steps you can follow to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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