Suspended from work
Discussion
Can anyone help?
Last Friday, i was suspended from work, for :
misappropriation of company information
Fidelity.
To give a little background, i built up a family run company that was on its knees over the past 5 years, it's always done very well and although the family gave me a 20% share of the company, i received nothing and found out that infact i wasn't a shareholder, not very honest people i have found out but they paid me a wage for the past 5 years, so couldn't grumble too much.
As i mentioned, last Friday one of the family members came into my office with his colleague and advised me i was being suspended for the above reasons.
I had been planning, out of business hours, on setting up my own company as i was fed up of lining someone else's pockets and not reaping the rewards i should have, but he must have got wind i was off hence the suspension, but that just pushed me to hand in my notice, which i did last Friday too.
I asked if he wanted me to work my notice but it was refused due to him not wanting me to take business away (although it was far too late and i have always kept him away from the good customers i have brought in).
I asked for it in writing but haven't received anything confirming i will still get paid for the months notice, i have sent emails which have also been ignored, so i am in a dilemma of what to do next as i don't think, and knowing him like i do, he will honour his word and pay me.
I wanted a nice clean departure from the company with no axes to grind, but this chap is a right sod, also, he paid me cash at the end of November, of which i didnt have to sign for anything, so if he doesn't pay me, could i ask him that he pays me for November too?
So, to summarise, if he doesn't pay me, what rights do i have and where is best to seek advice?
Thanks!
Last Friday, i was suspended from work, for :
misappropriation of company information
Fidelity.
To give a little background, i built up a family run company that was on its knees over the past 5 years, it's always done very well and although the family gave me a 20% share of the company, i received nothing and found out that infact i wasn't a shareholder, not very honest people i have found out but they paid me a wage for the past 5 years, so couldn't grumble too much.
As i mentioned, last Friday one of the family members came into my office with his colleague and advised me i was being suspended for the above reasons.
I had been planning, out of business hours, on setting up my own company as i was fed up of lining someone else's pockets and not reaping the rewards i should have, but he must have got wind i was off hence the suspension, but that just pushed me to hand in my notice, which i did last Friday too.
I asked if he wanted me to work my notice but it was refused due to him not wanting me to take business away (although it was far too late and i have always kept him away from the good customers i have brought in).
I asked for it in writing but haven't received anything confirming i will still get paid for the months notice, i have sent emails which have also been ignored, so i am in a dilemma of what to do next as i don't think, and knowing him like i do, he will honour his word and pay me.
I wanted a nice clean departure from the company with no axes to grind, but this chap is a right sod, also, he paid me cash at the end of November, of which i didnt have to sign for anything, so if he doesn't pay me, could i ask him that he pays me for November too?
So, to summarise, if he doesn't pay me, what rights do i have and where is best to seek advice?
Thanks!
jamesuk28 said:
Have to say, if you were working for me and planning to set up on your own (assuming in the same industry sector) I would have fired you too.
With reference to the November wages, probably not a good idea to post that bit on a public forum, as what you are suggesting is dishonest.
I didn't get fired though.With reference to the November wages, probably not a good idea to post that bit on a public forum, as what you are suggesting is dishonest.
It's hard as you don't know the full story, for example, i got him a £1m contract on a yearly basis with him making 400k clear profit and i got 250 quid - the bloke is a right arse, knocks people all the time by folding companies after a year etc etc, not good business ethics.
And i don't think me saying that i got paid cash is really going to interest too many people.
But thanks.
VX Foxy said:
If he doesn't pay you you should take him to court. I say fair play to you and good luck 
Thanks pal!!What i have always asked myself is, if someone is working for me and making me good money, surely i would want them to stay with me and make them as happy as i could.
Roll on the good times
Russ T Bin said:
jamesuk28 said:
Have to say, if you were working for me and planning to set up on your own (assuming in the same industry sector) I would have fired you too.
With reference to the November wages, probably not a good idea to post that bit on a public forum, as what you are suggesting is dishonest.
I didn't get fired though.With reference to the November wages, probably not a good idea to post that bit on a public forum, as what you are suggesting is dishonest.
And i don't think me saying that i got paid cash is really going to interest too many people.
But thanks.
Getting paid cash is no big deal or of any interest you are right. Getting paid and then claiming you did not get paid, and then posting your intentions on a public forum is not that bright IMHO.
Paoloh said "On what grounds?"
Obviously again have to do it in a round about way, but would you want someone working for you with access to client lists etc if you knew they were planning to become a competitor? come on !
jamesuk28 said:
Obviously again have to do it in a round about way, but would you want someone working for you with access to client lists etc if you knew they were planning to become a competitor? come on !
rather depends on the existance and/or watertightness of any non-competition cluases in the employment contract.agent006 said:
jamesuk28 said:
Obviously again have to do it in a round about way, but would you want someone working for you with access to client lists etc if you knew they were planning to become a competitor? come on !
rather depends on the existance and/or watertightness of any non-competition cluases in the employment contract.Considering that the company know the OP is setting up his own business doing the same thing, I would say that it would be a bit foolhardy putting someone who you have an axe to grind with the chance to steal your whole client database or sabotage your company even before the new business starts!?
sorry mate but I would be fairly sure if you get your business off the ground and ask yourself the same question in a few years you will do the same, styaff setting up in competition against you is a big NO NO.
I dont care if its fair or not or breaking laws I would get rid asap my future and my kids are far more important.
Maybe they should look at themselves and the way they acted which may have prompted you to do so but every story has two sides, I found myself in a very similar situation to you although wasnt going to be brave enough to leave myself but by god when I did go I made the most of it !
I dont care if its fair or not or breaking laws I would get rid asap my future and my kids are far more important.
Maybe they should look at themselves and the way they acted which may have prompted you to do so but every story has two sides, I found myself in a very similar situation to you although wasnt going to be brave enough to leave myself but by god when I did go I made the most of it !
jamesuk28 said:
Russ T Bin said:
jamesuk28 said:
Have to say, if you were working for me and planning to set up on your own (assuming in the same industry sector) I would have fired you too.
With reference to the November wages, probably not a good idea to post that bit on a public forum, as what you are suggesting is dishonest.
I didn't get fired though.With reference to the November wages, probably not a good idea to post that bit on a public forum, as what you are suggesting is dishonest.
And i don't think me saying that i got paid cash is really going to interest too many people.
But thanks.
Getting paid cash is no big deal or of any interest you are right. Getting paid and then claiming you did not get paid, and then posting your intentions on a public forum is not that bright IMHO.
Paoloh said "On what grounds?"
Obviously again have to do it in a round about way, but would you want someone working for you with access to client lists etc if you knew they were planning to become a competitor? come on !
paoloh said:
jamesuk28 said:
Russ T Bin said:
jamesuk28 said:
Have to say, if you were working for me and planning to set up on your own (assuming in the same industry sector) I would have fired you too.
With reference to the November wages, probably not a good idea to post that bit on a public forum, as what you are suggesting is dishonest.
I didn't get fired though.With reference to the November wages, probably not a good idea to post that bit on a public forum, as what you are suggesting is dishonest.
And i don't think me saying that i got paid cash is really going to interest too many people.
But thanks.
Getting paid cash is no big deal or of any interest you are right. Getting paid and then claiming you did not get paid, and then posting your intentions on a public forum is not that bright IMHO.
Paoloh said "On what grounds?"
Obviously again have to do it in a round about way, but would you want someone working for you with access to client lists etc if you knew they were planning to become a competitor? come on !
k me over.Please bear in mind this is not my opinion on the moral situation, simply what I would suggest should happen....
You have worked for more than 1 year and are therefore entitled to full employment law
Regardless of what they suggest you have done, they must always adhere to the company disciplinary procedure which will be in your contract (which they must have provided by law)
Their actions I would suggest has resulted in you probably being unfairly dismissed (constructive dismissal) and imo they are deep in the poo. Regardless of the fact you are setting up your own company (which lots of people do) they have to prove you have broken your contract and as I mentioned follow the disciplinary procedure. You can't simply say - 'You're sacked', it is totally against the law and is probably the most stupid thing you can do as an employer.
My advice would be as follows:
Demand to have a meeting with them to discuss the situation, make full notes at the meeting - you are entitled to one member of staff accompanying you to that meeting although they are simply there to listen to the proceedings to ensure a fair hearing and not to contribute.
Make them aware you are considering a claim for Constructive Dismissal and if they are stupid, they'll say so what. Simply tell them that's fine, see you at a tribunal. If they say OK, they are really stupid beyond belief.
If you have household insurance, you will almost certainly have legal cover, call your insurance company and take legal advice.
Failing that contact a good solicitor (not CAB, they know f-all) and get a threatening letter sent to them suggesting the above and start negotiations for a tribunal claim.
Regardless of the rights and wrongs of you starting your own company and taking information, you are entitled to employment rights as an individual.
Alternatively you can say bks to it, go away taking the money they have given you, set up your own company, take their clients and live happily ever after.
You have worked for more than 1 year and are therefore entitled to full employment law
Regardless of what they suggest you have done, they must always adhere to the company disciplinary procedure which will be in your contract (which they must have provided by law)
Their actions I would suggest has resulted in you probably being unfairly dismissed (constructive dismissal) and imo they are deep in the poo. Regardless of the fact you are setting up your own company (which lots of people do) they have to prove you have broken your contract and as I mentioned follow the disciplinary procedure. You can't simply say - 'You're sacked', it is totally against the law and is probably the most stupid thing you can do as an employer.
My advice would be as follows:
Demand to have a meeting with them to discuss the situation, make full notes at the meeting - you are entitled to one member of staff accompanying you to that meeting although they are simply there to listen to the proceedings to ensure a fair hearing and not to contribute.
Make them aware you are considering a claim for Constructive Dismissal and if they are stupid, they'll say so what. Simply tell them that's fine, see you at a tribunal. If they say OK, they are really stupid beyond belief.
If you have household insurance, you will almost certainly have legal cover, call your insurance company and take legal advice.
Failing that contact a good solicitor (not CAB, they know f-all) and get a threatening letter sent to them suggesting the above and start negotiations for a tribunal claim.
Regardless of the rights and wrongs of you starting your own company and taking information, you are entitled to employment rights as an individual.
Alternatively you can say b
ks to it, go away taking the money they have given you, set up your own company, take their clients and live happily ever after.I take it you have a contract. I would check there is nothing in that contract about being unable to set up in competition or having contact with clients for a set period.
There may well be data protection issues, so I would make sure you make it clear you have returned all customer lists and contact details held on their databases.
Employees willing to do what you are doing (whatever the motivation) is one reason I don't take on staff to do anything more than admin tasks, and then without them having direct customer contact or knowledge of our costs/charging. A bit anally retentive and not the best business practice I know but if someone is going to take my livlihood I would rather they did it as a proper competitor.
If you're going to go down the tribunal route etc. then I'd expect full retaliation and a letter from their solicitors with regards to you taking company information for your own use - As someone else mentioned, there's major Data Protection issues here and if the company gets in to trouble for it, expect them to come after you - I would. I've no problem with people going off and starting their own business, but if they use my data to do so, then there's going to be trouble.
Bernie-the-bolt said:
Please bear in mind this is not my opinion on the moral situation, simply what I would suggest should happen....
You have worked for more than 1 year and are therefore entitled to full employment law
Regardless of what they suggest you have done, they must always adhere to the company disciplinary procedure which will be in your contract (which they must have provided by law)
Their actions I would suggest has resulted in you probably being unfairly dismissed (constructive dismissal) and imo they are deep in the poo. Regardless of the fact you are setting up your own company (which lots of people do) they have to prove you have broken your contract and as I mentioned follow the disciplinary procedure. You can't simply say - 'You're sacked', it is totally against the law and is probably the most stupid thing you can do as an employer.
My advice would be as follows:
Demand to have a meeting with them to discuss the situation, make full notes at the meeting - you are entitled to one member of staff accompanying you to that meeting although they are simply there to listen to the proceedings to ensure a fair hearing and not to contribute.
Make them aware you are considering a claim for Constructive Dismissal and if they are stupid, they'll say so what. Simply tell them that's fine, see you at a tribunal. If they say OK, they are really stupid beyond belief.
If you have household insurance, you will almost certainly have legal cover, call your insurance company and take legal advice.
Failing that contact a good solicitor (not CAB, they know f-all) and get a threatening letter sent to them suggesting the above and start negotiations for a tribunal claim.
Regardless of the rights and wrongs of you starting your own company and taking information, you are entitled to employment rights as an individual.
Alternatively you can say bks to it, go away taking the money they have given you, set up your own company, take their clients and live happily ever after.
There is a problem with that:You have worked for more than 1 year and are therefore entitled to full employment law
Regardless of what they suggest you have done, they must always adhere to the company disciplinary procedure which will be in your contract (which they must have provided by law)
Their actions I would suggest has resulted in you probably being unfairly dismissed (constructive dismissal) and imo they are deep in the poo. Regardless of the fact you are setting up your own company (which lots of people do) they have to prove you have broken your contract and as I mentioned follow the disciplinary procedure. You can't simply say - 'You're sacked', it is totally against the law and is probably the most stupid thing you can do as an employer.
My advice would be as follows:
Demand to have a meeting with them to discuss the situation, make full notes at the meeting - you are entitled to one member of staff accompanying you to that meeting although they are simply there to listen to the proceedings to ensure a fair hearing and not to contribute.
Make them aware you are considering a claim for Constructive Dismissal and if they are stupid, they'll say so what. Simply tell them that's fine, see you at a tribunal. If they say OK, they are really stupid beyond belief.
If you have household insurance, you will almost certainly have legal cover, call your insurance company and take legal advice.
Failing that contact a good solicitor (not CAB, they know f-all) and get a threatening letter sent to them suggesting the above and start negotiations for a tribunal claim.
Regardless of the rights and wrongs of you starting your own company and taking information, you are entitled to employment rights as an individual.
Alternatively you can say b
ks to it, go away taking the money they have given you, set up your own company, take their clients and live happily ever after.He has not been unfairly dismissed. He resigned.
Constructive dismissal? The fact that he was suspended was a perfectly reasonable thing to do whilst they investigate the issues involved and consider disciplinary issues.
Of course, the fact that the OP is bang to rights to what he has been accused of also weighs upon this, as is the immediate resignation when confronted with the suspension whilst it is investigated.
I really cannot see a legal recourse here.
JustinP1 said:
Bernie-the-bolt said:
Please bear in mind this is not my opinion on the moral situation, simply what I would suggest should happen....
You have worked for more than 1 year and are therefore entitled to full employment law
Regardless of what they suggest you have done, they must always adhere to the company disciplinary procedure which will be in your contract (which they must have provided by law)
Their actions I would suggest has resulted in you probably being unfairly dismissed (constructive dismissal) and imo they are deep in the poo. Regardless of the fact you are setting up your own company (which lots of people do) they have to prove you have broken your contract and as I mentioned follow the disciplinary procedure. You can't simply say - 'You're sacked', it is totally against the law and is probably the most stupid thing you can do as an employer.
My advice would be as follows:
Demand to have a meeting with them to discuss the situation, make full notes at the meeting - you are entitled to one member of staff accompanying you to that meeting although they are simply there to listen to the proceedings to ensure a fair hearing and not to contribute.
Make them aware you are considering a claim for Constructive Dismissal and if they are stupid, they'll say so what. Simply tell them that's fine, see you at a tribunal. If they say OK, they are really stupid beyond belief.
If you have household insurance, you will almost certainly have legal cover, call your insurance company and take legal advice.
Failing that contact a good solicitor (not CAB, they know f-all) and get a threatening letter sent to them suggesting the above and start negotiations for a tribunal claim.
Regardless of the rights and wrongs of you starting your own company and taking information, you are entitled to employment rights as an individual.
Alternatively you can say bks to it, go away taking the money they have given you, set up your own company, take their clients and live happily ever after.
There is a problem with that:You have worked for more than 1 year and are therefore entitled to full employment law
Regardless of what they suggest you have done, they must always adhere to the company disciplinary procedure which will be in your contract (which they must have provided by law)
Their actions I would suggest has resulted in you probably being unfairly dismissed (constructive dismissal) and imo they are deep in the poo. Regardless of the fact you are setting up your own company (which lots of people do) they have to prove you have broken your contract and as I mentioned follow the disciplinary procedure. You can't simply say - 'You're sacked', it is totally against the law and is probably the most stupid thing you can do as an employer.
My advice would be as follows:
Demand to have a meeting with them to discuss the situation, make full notes at the meeting - you are entitled to one member of staff accompanying you to that meeting although they are simply there to listen to the proceedings to ensure a fair hearing and not to contribute.
Make them aware you are considering a claim for Constructive Dismissal and if they are stupid, they'll say so what. Simply tell them that's fine, see you at a tribunal. If they say OK, they are really stupid beyond belief.
If you have household insurance, you will almost certainly have legal cover, call your insurance company and take legal advice.
Failing that contact a good solicitor (not CAB, they know f-all) and get a threatening letter sent to them suggesting the above and start negotiations for a tribunal claim.
Regardless of the rights and wrongs of you starting your own company and taking information, you are entitled to employment rights as an individual.
Alternatively you can say b
ks to it, go away taking the money they have given you, set up your own company, take their clients and live happily ever after.He has not been unfairly dismissed. He resigned.
Constructive dismissal? The fact that he was suspended was a perfectly reasonable thing to do whilst they investigate the issues involved and consider disciplinary issues.
Of course, the fact that the OP is bang to rights to what he has been accused of also weighs upon this, as is the immediate resignation when confronted with the suspension whilst it is investigated.
I really cannot see a legal recourse here.
JustinP1 said:
Bernie-the-bolt said:
Please bear in mind this is not my opinion on the moral situation, simply what I would suggest should happen....
You have worked for more than 1 year and are therefore entitled to full employment law
Regardless of what they suggest you have done, they must always adhere to the company disciplinary procedure which will be in your contract (which they must have provided by law)
Their actions I would suggest has resulted in you probably being unfairly dismissed (constructive dismissal) and imo they are deep in the poo. Regardless of the fact you are setting up your own company (which lots of people do) they have to prove you have broken your contract and as I mentioned follow the disciplinary procedure. You can't simply say - 'You're sacked', it is totally against the law and is probably the most stupid thing you can do as an employer.
My advice would be as follows:
Demand to have a meeting with them to discuss the situation, make full notes at the meeting - you are entitled to one member of staff accompanying you to that meeting although they are simply there to listen to the proceedings to ensure a fair hearing and not to contribute.
Make them aware you are considering a claim for Constructive Dismissal and if they are stupid, they'll say so what. Simply tell them that's fine, see you at a tribunal. If they say OK, they are really stupid beyond belief.
If you have household insurance, you will almost certainly have legal cover, call your insurance company and take legal advice.
Failing that contact a good solicitor (not CAB, they know f-all) and get a threatening letter sent to them suggesting the above and start negotiations for a tribunal claim.
Regardless of the rights and wrongs of you starting your own company and taking information, you are entitled to employment rights as an individual.
Alternatively you can say bks to it, go away taking the money they have given you, set up your own company, take their clients and live happily ever after.
There is a problem with that:You have worked for more than 1 year and are therefore entitled to full employment law
Regardless of what they suggest you have done, they must always adhere to the company disciplinary procedure which will be in your contract (which they must have provided by law)
Their actions I would suggest has resulted in you probably being unfairly dismissed (constructive dismissal) and imo they are deep in the poo. Regardless of the fact you are setting up your own company (which lots of people do) they have to prove you have broken your contract and as I mentioned follow the disciplinary procedure. You can't simply say - 'You're sacked', it is totally against the law and is probably the most stupid thing you can do as an employer.
My advice would be as follows:
Demand to have a meeting with them to discuss the situation, make full notes at the meeting - you are entitled to one member of staff accompanying you to that meeting although they are simply there to listen to the proceedings to ensure a fair hearing and not to contribute.
Make them aware you are considering a claim for Constructive Dismissal and if they are stupid, they'll say so what. Simply tell them that's fine, see you at a tribunal. If they say OK, they are really stupid beyond belief.
If you have household insurance, you will almost certainly have legal cover, call your insurance company and take legal advice.
Failing that contact a good solicitor (not CAB, they know f-all) and get a threatening letter sent to them suggesting the above and start negotiations for a tribunal claim.
Regardless of the rights and wrongs of you starting your own company and taking information, you are entitled to employment rights as an individual.
Alternatively you can say b
ks to it, go away taking the money they have given you, set up your own company, take their clients and live happily ever after.He has not been unfairly dismissed. He resigned.
Constructive dismissal? The fact that he was suspended was a perfectly reasonable thing to do whilst they investigate the issues involved and consider disciplinary issues.
Of course, the fact that the OP is bang to rights to what he has been accused of also weighs upon this, as is the immediate resignation when confronted with the suspension whilst it is investigated.
I really cannot see a legal recourse here.
Having a relationship with a client is not illegal and if the client chooses to move to the saleperson's new company there is bugger-all his current employer can do about it.
I think there is every chance of legal recourse, but without the full facts we are all guessing TBH.
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