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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48161
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, I started my own company up while I was working ,

Resolved Question:

Hi , I started my own company up while I was working for someone, they have found out about my company and are looking to sack me...! There is nothing in my contract about starting up a business and in my current job I sell to retailers and my business sells on eBay to end users
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 been working or the employer who is looking to sack you?

Customer: I've been there 19 yrs, recently there has been a management take over
Ben Jones :

So there is no direct competition between your business and that of the employer?

Customer: No, it's simular product but it is on eBay selling to end user
Ben Jones :

To be able to fairly dismiss you the employer must show that there was a fair reason for doing so and also follow a fair procedure. If you had breached a specific contractual restriction on setting up a business outside of work then that could be a matter of misconduct, however that is not the case here as you did not have such a restriction.

Another possible reason is if you had breached the implied term of trust and confidence and set up in competition with the employer so that your activities affected their business or reputation. This would depend on what you actually did as a business on the side and if it affects the employer’s business. If there was nothing in what you did that affected the employer’s business then it is unlikely that one could justify that it was a fair dismissal.

It does however depend on what the employer’s investigation fids and if there is a genuine belief you had acted in breach of trust or in competition but if you can show that it is not the case and the evidence is there then a dismissal could be unfair and if t gets to that you could make a claim in the employment tribunal to challenge it.

Customer: Ok, thank you for your time, you have confirmed what I thought. I believe that what I have done is not of breach of anything, my business is online and the company I work for do nothing online and it is a totally different customer base. I think they could argue the trust element but at this point I would be happy to leave
Ben Jones :

they could try the breach of trust but then again what trust have you actually breached - this would happen if you worked behind their back and affected their business in some way, in this case there appears to be no adverse effect on what they do

Customer: i just wanted to make sue they couldn't do anything els to me
Ben Jones :

apart from dismissal?

Customer: I can live with that. Thanks again. I'll leave a positive feed back
Ben Jones :

ok you are most welcome, all the best

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