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: 44882
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I am being dismissed under gross misconduct from company A

Customer Question

Hello,
I am being dismissed under gross misconduct from company A because I hold a position in another company B as a director (is not a conflict of interest and I am not paid a salary. Any monies I have received have been expenses documented in the accounts and filed).
The new COO of company A recently discovered this and has carried out his investigation and is seeking gross misconduct and dismissal from company A.
Company A are currently going through a recovery phase and are making redundancies and cuts all over the place.
The MD of company A knew of my directorship in company back in March as we discussed it in a meeting. Nothing more was said so I concluded they were okay with it and a precedence was set.
The COO asked the MD if he knew I was a director of company B as part of this current gross misconduct investigation and he said no. (documented) But I have proof in an email he was not only there when it was discussed but the email also makes reference to my directorship in company B. They are unaware I have this document.
I have worked for company A for over 2 years.
I have been a director of company B for less that 1 year.
Company A were using company B's services a year before I became a director of company B.
is this a strong case for unfair dismissal?
Thank you :-)
Lee
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

Please can you clarify how long exactly company A have known about your directorship in the other company?

Customer: replied 1 month ago.
Sure they had known since March this year so 7 months approx
Expert:  Ben Jones replied 1 month ago.

OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 month ago.

Many thanks for your patience. To be able to dismiss you fairly the employer would have to show that for example you had breached a specific contractual restriction preventing you from holding a directorship elsewhere, or your actions were such that they completely breached the trust and confidence between you and your employer at Co A.

It is not unlawful to hold two jobs or two directorships or a job and a directorship elsewhere. So the simple fact that you held this directorship id not unlawful or in breach of employment laws. Therefore, in the absence of a specific restriction preventing you from doing this, the only way to justify a dismissal is if you had either lied to them about it or used it to your advantage and against the employer, for example acted in competition whilst still employed by them or lost them business, etc. Any other circumstances are likely to result in an unfair dismissal.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the unfair dismissals process. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 1 month 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 1 month ago.

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

Customer: replied 1 month ago.
Hi Ben, thanks for the reply.There is nothing in my contract detailing that I should not be allowed to be a director anywhere. It only says this:"You are expected to devote your whole time and attention tot he best interests of the company during your working hours. You must not carry out any work (paid or unpaid) which may be in competition with the company, whether such work is undertaken in or outside normal working hours."Co B is not in competition, it's not even in the same industry.The gross misconduct is being cited on this employment handbook section"You are not permitted to engage in any activity which might, or does, involve a conflict of interest. This means that under no circumstances must you have direct, or indirect, interest in, or benefit in any way from, a commercial activity that might affect the company, its clients, or your judgement on the companies behalf"Thanks- Lee
Expert:  Ben Jones replied 1 month ago.

OK so the only thing they can rely on is by arguing that your activities "might affect the company, its clients, or your judgement on the companies behalf" - is that the case?

Customer: replied 1 month ago.
That would seem the case here. I have an email I sent to the MD back in March that says my directorship with CoB actually helped CoA because when CoA started paying invoices late I leveraged my position with CoB to keep the services going. I had to do this on a few occasions.I think the MD is denying knowledge of my directorship because when we discussed it in March it was in a meeting that turned into a disciplinary meeting and I was issued a written warning. I wasn't given notice of this meeting being as such, and only told to attend a meeting that afternoon.I have had no previous issues about my performance or abilities up to this point or for that matter any verbal warnings.I appealed the written warning on the grounds of it was against both company policy and employment regulations under ACAS rules. The appeal was acknowledged by the MD, I never heard anything back to this day.I think if the MD acknowledges he knew about my role in CoB then it would reference the March disciplinary meeting we had and expose him and CoA for their negligence and breach of company employment regulations by not following procedure correctly.
Expert:  Ben Jones replied 1 month ago.

Based on what you have said I do not see how they can justify the dismissal for being in breach of the policy you have quoted. so unfair dismissal is indeed likely to be something you can pursue if they proceed with the dismissal. Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the unfair dismissals process. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 1 month ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 month ago.

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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice