Dismissing someone for fraud (Possibly)

Dismissing someone for fraud (Possibly)

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neiljohnson

11,298 posts

207 months

Tuesday 9th November 2010
quotequote all
In every contract i have ever signed it states i may not work for anyone else without written permission that may interfere with my current employment, surley if this guy is working for a competiter then he can be dismissed for doing so??

I would have thought there is some sort of term regarding talking about company business with others also, what type of business is it as the employee maybe directing work towards the other company & losing your friend money in the first place??

Maybe a private chat with him regarding the fact he is comitting tax evasion & the tax man 'may' hear about it soon would convince him to leave?? wink

Eric Mc

122,038 posts

265 months

Tuesday 9th November 2010
quotequote all
neiljohnson said:
In every contract i have ever signed it states i may not work for anyone else without written permission that may interfere with my current employment, surley if this guy is working for a competiter then he can be dismissed for doing so??
Only if it is mentioned in the employment contract - and even then there are cases where an employer cannot enforce such a clause.

Edited by Eric Mc on Tuesday 9th November 07:54

edc

9,235 posts

251 months

Tuesday 9th November 2010
quotequote all
neiljohnson said:
In every contract i have ever signed it states i may not work for anyone else without written permission that may interfere with my current employment, surley if this guy is working for a competiter then he can be dismissed for doing so??

I would have thought there is some sort of term regarding talking about company business with others also, what type of business is it as the employee maybe directing work towards the other company & losing your friend money in the first place??

Maybe a private chat with him regarding the fact he is comitting tax evasion & the tax man 'may' hear about it soon would convince him to leave?? wink
Dismissal? The tribunal system works on a band of reasonable responses test. Without knowing the full detail of the work or the roles then the case would probably fail at this juncture. use of company sensitive information would put a different spin on things but saturday working in for example a retail shop or restaurant would not (unless you were perhaps the head chef and always did a saturday signature menu). The disciplinary process allows for a range of sanctions and an ET will want to see that an employer has responded appropriately.