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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47376
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i work for a local building contractor in Auldgirth Dumfries

Resolved Question:

i work local building contractor in Auldgirth Dumfries as a contract supervisor. Back in August 2014 i spoked to my directors and told them that i was thinking of starting a new business that i was planning to do at the weekends just to bring in a little extra money,the business that i had set up was a stone cleaning service which my employers do not do, i was told it was ok and the director admitted that she also works people. i thought every thing was ok and decided to get a loan and buy all the machinery needed to start the business, since buying the machinery and doing a few contracts which i was totally honest about when ask buy the director what contracts i had been doing and who i was asked buy the QS at work to provide a quote job he was wanting me to do so i did and he said i had the job and told the director of this and her answer was ok as long as it was done at the weekends witch was fine. on the Tuesday before the job was meant to be done i was called to the office that the director needed to talk to me when a got their they said that it wasn't a good idea that i carried out the contract i said that it was ok and was there anything else that they wanted to say they said no so i continued with my work, i got a phone call by a client to look and price a job so i left to meet the client on return the direct asked if i could go and see them where this is the time they said that i had been taking work away from the business and that i had to be suspended until an investigation had been done, one week later i was asked to meet the director so i did where i was asked to return back to work as long as i agreed to the enhanced clause 11 of the contract which means to stop trading with my own business i couldn't give them an answer at that time and would let them know after talks with my family, meanwhile i had been to the doctors suffering with stress where they have signed me off and put me on medication since being off work i have not received any pay slips two weeks christmas holidays nor have i received any pay witch was due in today or pay slip. i feel at the moment that all trust has gone with my employers and not sure i would be able to return to them they have treated me not only on this occasion there has been a few things going on at work which has put me under a lot of unnecessary stress. what should i do or who can help me with this. yours faithfully C McDowall
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

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

Customer:

10 years in total with a 1 year gap about 5 years ago

Ben Jones :

What are you hoping to achieve in this situation?

Customer:

well i don't think i can continue working there they had done and i'm not giving my business up after spending all of my savings so itlooks like they will sack me on gross misconduct

Ben Jones :

Have you actually been taking business away from your employer?

Customer:

no

Ben Jones :

Whilst I understand that you may feel you cannot continue working there, if you wanted to take the matter further, such as by making a claim dismissal, you would be better off letting your employer deal with this and potentially ‘allowing’ them to dismiss you. That is because you would then be looking at making a claim dismissal, instead of dismissal and generally that is more straightforward to pursue. The difference is that in an unfair dismissal claim it is employer to show that they had a genuine and fair reason , whereas in the constructive dismissal claim it is to convince a tribunal that you were pushed out of your job and that the employer had acted unreasonably. So it cuts out your work considerably.

An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally it and it would not be used against you.

Of course you would be owed any money that you have earned to date, such as pay and holidays so these will have to be paid t you separately and you can also pursue a claim if necessary.

Customer:

ok thanks advise

Ben Jones :

you are most welcome

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