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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47355
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi there, I work in a sales role but have become very unhappy

Resolved Question:

Hi there,
I work in a sales role but have become very unhappy and have decided I need to get out ASAP! Is there anything wrong in contacting competitors to ask if there are vacancies? Of course I would not share any confidential information at all! But many jobs I have heard about through word of mouth as they are not advertised in my local area

Just worried that if I send in a CV (as they have asked) my employer may find out....I have said I'm looking discreetly and they have said that at this stage they certainly wouldn't contact current or past employers but I'm so worried!

Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Do you have anything in your contract prohibiting you from doing this?

Customer: Not that I can see BUT I TUPE'd across to a newly formed organisation
Ben Jones :

How long have you worked in total?

Customer: Just over 7 yrs with this particular company
Customer: Hello?
Ben Jones :

yes I am here

Ben Jones :

Jut getting my response ready

Customer: Ok :)
Ben Jones :

It is not illegal to look for another job whilst employed by the current employer – everyone has the right to move employers if they want to, even for a competitor, especially if there are no restrictions in the contract. Just try not to do this in company time as that could be viewed negatively and could prompt the employer to try and accuse you of misconduct.


 


The prospective employers should not contact your current one without your consent. Sometimes they may do so inadvertently and this can be negligent but it is rare so don’t panic at this stage unnecessarily.

Customer: I called on my personal mobile whilst on a break as I couldn't contact them after hours when I tried Initally.
Ben Jones :

the break is your own time, i was talking about sending in applications or completing them whilst supposed to be doing your normal work

Ben Jones :

so don't worry about that

Customer: ive been through my contact and I can't see anything at all it says refer to the staff handbooks but the company I used to work for sold off the area I looked after and have since merged with another company
Ben Jones :

it is your old contract at the start of all TUPE transfers that would matter, unless it as subsequently formally changed

Customer: Yes that's what I've gone through but it's pretty basic tbh and as I said earlier (sorry if I'm not making sense) in terms of privacy etc it says refer to the staff handbooks ...but I don't even have one!?
Ben Jones :

then it is in your favour - if it does not exist you simply cannot be bound by it

Customer: Ok so...they offer me an interview in the working day what should I do!
Ben Jones :

try to take it as holiday

Customer: Right ok :)
Customer: so one more thing
Customer: When they contact HR (if) can HR tell my line manager etc?
Ben Jones :

yes they can

Customer: So once they contact HR I'm doomed lol!??
Ben Jones :

not necessarily - you have not done anything wrong by trying to find another job, you are still employed by the current company and as long as you continue doing your job, they can't fairly dismiss you just because you have been looking elsewhere

Customer: Right ok...I may be back...but seriously thanku for ur help :)
Customer: hopefully ill sleep better now!
Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Customer: Top marks ill do it now :)
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