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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?
So there is no direct competition between your business and that of the employer?
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.
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
apart from dismissal?
ok you are most welcome, all the best