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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 53675
Experience:  Qualified Solicitor
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I know this may come across as sounding boarder line

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Good afternoon,
I know this may come across as sounding boarder line ridiculous however I work for a large motor vehicle manufacturer in the West Midlands as an employee, although not in vehicle manufacturing I'm employed within their business protection (Security and emergency response). I have set up my own one man band car tuning company recently and yesterday I posted 3 x A4 size advertising posters in an off site smoking shelter advertising my services to company employees at discounted rates. In the advertising I stated a one day discount which I would come in and tune cars during my day off. Nothing to sinister there, however within 1.5 hours a senior manager ripped them down and had words with me over placing them up and advertising stating that I was in breach of company policy and the code of conduct. I'm confident this is not the case as I had read the documents beforehand so as to clarify this first. He has now prevented me from advertising and trading (on site) stating that I have breached conflict of interest and as such he is reporting my to my management, whom is away for this week. I am certain he is ill informed of the regulations not I, and that he's now preventing me from trading where I have a captive audience and good potential client base. Whilst putting the signs up I had 3 enquirers for my services which shows the level of interest especially at such a discounted rate. How could I go about getting his decision overturned therefore allowing me to continue, after all I am now at a small loss for the posters and I had banked heavily and financially on going live on this date.
I look forward to your response soon.Kyle Graham***********

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

So just to confirm, the posters were put off off site? Also, is it possible to upload a copy of your contract on here so that I can take a look at it please?

Customer: replied 8 months ago.
Hi Ben, The smoking area in question is off site however is within the company car park location as smoking is deemed off site so therefore by association so must be the smoking shelter? I will need a few moments in which to upload a copy of the poster as it is is elsewhere.

OK thank you for your response. I will wait for you to get back to me shortly. Thank you

Customer: replied 8 months ago.
Ben the format which the poster was saved in could not be uploaded however I have copied in and its now attached.RegardsKyle

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws 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. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 8 months ago.
Ben perhaps this may be of use also? I appreciate how I may come across but i'm sure I'm in the right here and losing out in lots of additional income if I am rightRegardsKyle

Many thanks for your patience. Assuming that the services you offer do not compete with your employer’s business or their clients, in a way that would affect either of their businesses and earnings, I do agree that it is unlikely to be a conflict of interest. However, if you are advertising on company property, the employer will have the full right to decide what is advertised on site and what is not. You say that the smoking area is off site, but is it still on land which belongs to the employer? If so, they will have the legal right to decide whether you display your adverts there or not, and there is no automatic right for you to advertise there, even if not being allowed to do so would mean a loss of income.

If this was a completely public area, one which is not owned by the employer, then you can do as you wish and if you wanted to you could advertise there. It would then have to come down to the internal policies and for the employer to show you have breached them, which as mentioned above is unlikely if there is no competition or it is not affecting their business in any way.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 8 months ago.
Sorry Ben I miss read one of your earlier responses when you requested my contract, however I have just read my letter of offer as accepted and it's fairly clear that I have not done anything wrong here except place the three posters up without seeking prior approval. That said there is no procedure known to me for seeking approval for such eventualities so I fear i'd fall foul of his position of management top trumping me somewhat. I thank you hugely for your time on this and in the unlikely event I need to revisit aspects of this issue further am I able to continue with this chat (Within a short and reasonable time frame that is?
Rest assured Ben I'll be leaving you a 5 star rating today, thanks once againKyle

Hi Kyle, you usually have 7 days to come back to me with any related follow up queries so of course, feel free to do so if needed

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