How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47887
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

The company I work for has asked me to behave in an entirely

Resolved Question:

The company I work for has asked me to behave in an entirely unethical manner, which I have refused to do, does this give me grounds to break my contract of employment with them and leave without giving notice?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there?

Customer:

3 months

Customer:

Did you get my reply

Ben Jones :

OK, thank you, ***** ***** this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Ben Jones :

Many thanks for your patience. You may indeed try and argue that their actions had resulted in a reach of contract, which has given rise to you being able to claim that you have been constructive dismissed. In a constructive dismissal case the employer would have acted in a serious breach of contract, which brings the whole contract to an immediate close and makes all of the terms within it void, including the requirement on the employee to give notice of termination of their employment.

In all honesty, even if the employer disputes your reasons for leaving without serving notice, it is very rare for them to challenge that. The employer then has the option of suing the employee to seek compensation for damages resulting from their breach. However, as mentioned in reality such claims are very rarely made. This is mainly due to the costs and time involved, also the relatively small damages that can be recovered. So whilst there is no way of predicting whether the employer will take this any further or not, chances are that they will not. A more likely outcome is that the employer refuses to provide a reference in the future or if they do, it could mention that the employee had breached their contract.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Hi Ben,

Customer:

Thanks for the answer. Just a further two short questions if I may.

Customer:

1) Is there anyway the company can try and stop me working for another company providing it is not a competitor?

Customer:

2) The company has threatened to "trash" my reputation what if any legal recourse do I have here?, to be clear other than giving less notice than contractually obliged, for the reasons outlined in my question, I have a 100% clean record with them.

Customer:

Many Thanks

Customer:

John

Ben Jones :

Hi John, to answer your follow up queries:



  1. That is highly unlikely. Even if they were a competitor and you had a restrictive covenant, allowing a company to seek an injunction preventing you from working for them is rare. This could only happen if you are actually using their confidential data or information, such as client lists, trade secrets, or have a great influence over the market or client and it directly impacts the old employer. But as mentioned this is quite rarely enforced as there is a strong policy to allow the free movement of workers and not to impose restrictions of trade or to prevent someone from earning an honest living

  2. Your rights in this respect will depend on what they actually do to try and affect your reputation. If they provide bad references, which are untrue and are misleading then that could amount to negligence, which is something you could pursue them over and seek compensation for losses. However, if they do this by discussing you behind closed doors, for example individuals in the industry talking to each other and sharing information about you, then it would be rather difficult to prove what was said and take it any further. The lack of any evidence in that respect will be an issue so you are really only going to be protected if you can show that they provided some untrue information about you, which caused you losses.


Hope this answers your further queries?

Customer:

Thanks that is all.

Customer:

Very helpful.

Ben Jones :

you are welcome, all the best

Ben Jones and other Law Specialists are ready to help you