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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To leave & work for the competition?

46 replies

ladyattheback · 29/07/2021 22:29

I changed jobs 2 years ago after having many years of experience under my belt in my profession. I was tempted into a role in the private sector. The pay and opportunities seemed great.

However from the day I started the job it wasn't what I was told it would be in the offer letter - a huge part of the role was not going to happen. I've spent the best part of my time since working on some very diverse projects and I've got good relationships with my colleagues, and they are great people, but l just don't like the job because it's not what I signed up for and is really stressful. I've given it a good shot but decided last month to start looking for another job. I had no intention to look to at working for the competition, even a complete change of scene would have been fine (but hard to match a salary on).

Last week, an opportunity came up to work for a direct competitor and they've asked if I'd consider working for them in a more niche area which would suit me. This company would have been in my top two to work for before I got my current job, and I know one or two people there well. I know that leaving where I am now would cause a problem for the people I work for. I'm not sure how often this happens in private sector jobs. Some senior people where I work now have worked for competitors before, but I've never done anything like this and I feel quite bad about doing it.

Am I wrong to leave this job so soon and work for a competitor? They are great people but I don't like the work. I'd constantly bump into my current colleagues at promotional shows and would feel initially very awkward. The pay is pretty similar so not a factor.

OP posts:

catanddogmake6 · 29/07/2021 22:33

Op, very common in private practice. If the role is not what you were promised then I would not worry about moving on. If you do this repeatedly never spending long with an employer it might raise some questions but not once in these circumstances as you can explain it was not the role you were hired to do. If it’s a direct competitor you may even be lucky and get some gardening leave. Good luck.

gwenneh · 29/07/2021 22:34

Do you have a non-compete contract or clause in your contract? That may impact whether you can do this at all.

Original poster

ladyattheback · 29/07/2021 22:44

Hi catanddogmake6 , thank you. I'd be worried about gardening leave because of projects I'm working on and I have plenty of annual leave built up. It is nonetheless a real possibility since it's mentioned in my contract they reserve the right to do this.

OP posts:

Original poster

ladyattheback · 29/07/2021 22:51

@gwenneh, I know the company have the right to put me on gardening leave, but I dont see anything more than that. I will double-check now you've said this, so thanks for pointing this out

OP posts:

YouthfulIndiscretion · 29/07/2021 23:06

Absolutely nothing wrong with this morally, any normal employer will understand that this is a thing which happens. But do check your contract for non-competes.

Unless your existing job is playing first team football for Celtic and you’re off to Rangers? In which case maybe not.

Duetorain · 29/07/2021 23:20

Your current employer (and I’m sure any future one) have recognised the potential issues and made provision for it through the gardening leave.

Although individuals can be friends as far as an employer is concerned it is a business, employees resign are off sick or on maternity and work is reallocated or they are replaced. I’m sure you will always be doing important projects which in theory means staying there indefinitely.

Redcrayons · 29/07/2021 23:35

It’s very common nothing in the private sector. Nothing to feel bad about. You might not be offered garden leave, I’ve only ever known sales people do it.

SparklyLeprechaun · 29/07/2021 23:44

It's very, very common, I wouldn't give it another thought.

LivingLaVidaBabyShower · 29/07/2021 23:48

2 years?!? Of course you can move. Very common in my sector(s).

Check your contract for non compete and if you are lucky you might get garden leave 🤩

DerAlteMann · 30/07/2021 01:10

I thought that's what everyone did when they changed jobs?

DerAlteMann · 30/07/2021 01:12

Most non-compete clauses I've been subject to restricted my working with clients of my original employer (so, no poaching) not working with competitors.

gwenneh · 30/07/2021 01:27

@DerAlteMann

Most non-compete clauses I've been subject to restricted my working with clients of my original employer (so, no poaching) not working with competitors.

My current one extends to competitors, as does DH’s.

Original poster

ladyattheback · 30/07/2021 07:19

Thanks everyone for the advice on non-competes. There is no mention of it, but 'restrictive covenant' means the same from what I can see. I've read it in my contract to mean I can't approach clients of the original employer for a set period of time after leaving but I can't see anything about not being allowed to work for another competitor. I think I'd be best to seek professional advice on this though certainly.

OP posts:

babbi · 30/07/2021 07:25

@YouthfulIndiscretion

Absolutely nothing wrong with this morally, any normal employer will understand that this is a thing which happens. But do check your contract for non-competes.

Unless your existing job is playing first team football for Celtic and you’re off to Rangers? In which case maybe not.

@YouthfulIndiscretion this made me laugh 😂⚽️ I’m old enough to remember clearly the day Mo Jo switched . Some parts of the city were in uproar !

OP this is very common in my industry.
I wouldn’t give it another thought .
Good luck

Persephonesgrove · 30/07/2021 07:34

Yeah we do it all the time. I left one company to work for their competitor where I am now.

I do a completely different job role, though. My old employer, after I left and they said all was fine legally. Tried to accuse me of poaching clients. Which was odd, because I never worked directly with clients, with them or now.

My new employer took care of it, by simply having a letter written to them basically telling them to piss off, from their legal team.

It can make your notice period uncomfortable. But so can just handing your notice in.

In one company, I worked for, anyone above a certain level had a process they had to follow. Once they made the company aware, they weren't allowed to access their laptop and a team went to wherever they were and retrieved all the equipment within a few hours. Then gardening leave, immediately. How long it was depended on the level.

HarebrightCedarmoon · 30/07/2021 07:42

I would go to the competition and not spend a second worrying about how it affects a previous employer.

AtrociousCircumstance · 30/07/2021 07:46

Not even an issue. Go ahead.

OverTheRubicon · 30/07/2021 07:54

Agree with others, you can do this - your bosses may not love it, but they didn't offer you the right job. You can make sure that you leave on the best terms possible by making sure you're scrupulous about not taking confidential info with you (I'm always surprised how many do), telling your manager the moment you've signed a contract and then enjoying your paid gardening leave in peace!

Also do be aware that you'll likely be told to log off all devices as soon as you tell them you're leaving, so if you are about to take the offer make sure your projects are up to date, you've downloaded payslips and pension details, jotted down email addresses for anyone you'd want to stay in touch with etc.

SquashMinusIsShit · 30/07/2021 08:03

I work for a retailer in head office, people leave to go to other retailers & suppliers all the time, we employ people from them too, very common.

ThinWomansBrain · 30/07/2021 08:05

As others have said, non competition is likely to be about not poaching clients - so as long as you're not in sales and planning to download a database of contacts before you go, it shouldn't be an issue.
If they insist on garden leave, it will only mean you can't work during your notice period - for them or anyone else; so you have the same notice period to start with your new employer, and three months (or whatever your contractual notice period is) paid leave - what's not to like?
If your current employer goes the garden leave route, it's their problem to complete the work that you would otherwise have done on "your projects" - no one is indispensable (said having spent many years working as an interim)

Marmitemarinaded · 30/07/2021 08:05

Most senior roles has a non compete
I’d be very surprised if it doesn’t unless a junior position

LtJudyHopps · 30/07/2021 08:21

Do it! I work in a fairly small industry where this happens all the time. A lot of senior people will have clauses that they can’t work for XYZ competitors for 6 months - so they work for a sister or umbrella company to get around it. Or they can’t approach clients for X number of months so they do it by proxy with someone else’s name in charge.

billy1966 · 30/07/2021 08:23

Happens all the time.

You are moving to an niche area too.

You were brought into your current position on a false offer, so you don't owe them anything.

If you receive any guff from them, tell them that.

TooExtraImmatureCheddar · 30/07/2021 08:26

How can they possibly tell you not to work for a competitor once you’ve served your notice?

Marmitemarinaded · 30/07/2021 08:30

@TooExtraImmatureCheddar

How can they possibly tell you not to work for a competitor once you’ve served your notice?

It’s completely legal And standard in senior roles Non compete clause

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