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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 2248
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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Can company ban me from signing new job contract with other

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Can company ban me from signing new job contract with other partner company on same project despite the fact they allowed me to negotiate with them? Two hours before I was going to sign a deal they ban me from doing so and forcing me to sign the deal with them which will reduce my current salary by 50% or I am unemployed. Is this even legal?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: This ban was direct order from Managing Director of company dispite the fact that businesses department get direct agreement to partner company to negotiate with me. She overruled this at last minute. I don't know what to do. I don't have any lawyer yet bu
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee, and dont belong to any union but I was thinking this way if union can help
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They are forcing me to do decition by tomorrow. Thats all

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Thank you

Thank you for your enquiry. I have read through the information you have provided. I cannot say for sure, however, I would think it is possible for them to do this. However, what you need to do is firstly ask them for more time to deal with this matter. You need to look through your contact and see if they have any clauses in there about working for any other company whilst you are employed (it is likely that there is a clause) if this is the case then they can enforce the refusal contractually. However, this is not your only option. If there is no clause and the new work will not impede on your own then you may be allowed to do this, however, it would likely be viewed as a direct conflict. The other option you have is to see if you can seek employment with the other company on a full time basis, however if this is possible then you would still have to serve your contractual notice to your current employer. Do keep in mind that everything is up for negotiation so it may even be an idea to speak to your current employer and negotiate an additional payment or increased salary in order to undertake the work on the basis that you will not work for the other company. However, to answer your question on a legal basis, you will have to check your contract, but I would anticipate that they can enforce this refusal contractually. However, that does not prejudice your right to negotiate with either company.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be recognised for my response by the website if there is no rating left for me.

Many Thanks

Customer: replied 10 days ago.
Thank you for your replay. Thing is
I work for external engineering company on project manged by Edvance UK in Bristol. Edvance is consortium of EDF and Framatom. There are many other partner companies on project. I have applied for promotion within Edvance structure. After successfully passing interview I have been inform that my mother company is being cut of project. They gave me ultimatum to find new employer within Parental or Partner companies in order to secure new role on project. After very bad offers from parental companies (50% cut of my current salary) I have negotiated good deal with Partner Company. 2 hours before they should announce me in my new role they change a rule and doesn’t allow me to sign partner and only option they left me is very bad offer from parental company. They push me to make decision with next 12 hours.Is this completely legal or it is violating my civil or employee rights? Please advice.I have feeling I am being blackmailed.Thank you

They are certainly not infringing on any civil rights. However it could be the case that they are frustration your contract of employment. However that would require to be looked at in detail. You will also want to get as much information about the matter and also valid reasoning for their actions and you will want to do this correctly so that if you look to take any action on this matter then you have everything officially in writing.

What you need to do is initiate the workplace grievance process. You will want to present all your evidence and points you wish to make at the grievance interview. If you get a response from them that they don't agree with you they will have to tell you why. You then will have to appeal this outcome and can then explain why you don't agree with their findings. If you then still do not obtain the resolution you want, but feel it is wrong. At that point you will have to raise early conciliation with Acas. You can do so here; https://ec.acas.org.uk. The conciliators at Acas will contact your employer and indicate to them that you have started the conciliation process. Acas will mediate the issue and see if they can help resolve the matter. If they cannot resolve the matter then they will close conciliation and issue you with a EC Certificate. This is the first step in the legal process and once the EC Certificate has been issued you can make an application to the employment tribunal if you wish to do so. Please be advised that there is a very strict time to make an application to the Employment Tribunal which is 3 month minus one day from the date the issue arose. Do also note that this time limit gets put on "pause" while you are going through the Early Conciliation process.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be paid for my time from the website if there is no rating left for me.

Many Thanks

Ross

Ross Miller and 3 other Law Specialists are ready to help you
Customer: replied 10 days ago.
Thank you very much. It gave me much better picture on steps which need to be taken in order to get it right.