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Original poster

I did not follow policy at work. What will happen??

104 replies

cosmobrown · 15/12/2023 18:47

I resigned from my job In September, to leave at the end of this month.
I have recently been caught out not declaring a conflict of interest.
Background info : I work part time for this company, and part time freelance doing the same job in the same are. (I know, it's an unusual situation).
A company did not want to deal with my employer anymore, so asked if I would do a very small amount of freelance work for them. I said yes, but didn't declare it to my employer. None of my other freelance work has been declared either.
It is my last actual day on Monday, and I have to go and see the Big Boss.
What is the worse they can do to me??
Thank you
CosmoBrown

OP posts:
NalafromtheLionKing · 15/12/2023 18:51

Do you need a reference from them? If not, I’m guessing they can’t do much and I wouldn’t go to the meeting (you may be in breach of contract if this goes against your terms of employment but are they really likely to go to the hassle and expense of litigation?).

OnlyYesterday · 15/12/2023 18:53

Were your company aware you do the same job freelance? Every employer contract I've signed has clauses in there to stop you doing this exact thing, although I don't know if that's different in different industries?

AliceOlive · 15/12/2023 18:53

Are you sure they know?

RH1234 · 15/12/2023 18:54

Unless there’s is a specific non-compete or conflict of interest clause that you’ve signed in your contract.

Smile, be polite and wish the “Big boss” farewell.

Goodlard · 15/12/2023 18:55

No reference, no pay, legal action that you've stolen a client.

Taking a client from your employer is a really stupid to thing to do!

LIZS · 15/12/2023 18:56

Working freelance for a former client may well contravene your employment terms . Also there may be a clause preventing "poaching" clients for future work or working for a competitor.

NaturalStudy · 15/12/2023 18:56

Oh dear OP I presume this is a breach of your employment covenants? I expect they are more likely to sue the company that employed you directly rather than you, but they may try it to make an 'example' of you and stop their other employees doing the same.

Original poster
cosmobrown · 15/12/2023 18:57

Yes, they definitely know. Many of us work in the same way. I appreciate it's unusual, but that's just the way it works.

I know they are planning a presentation for me on Monday, so I'd like to go, and say bye to people, but am tempted to not go now.

OP posts:
Pastlast · 15/12/2023 18:58

It’s your last day on Monday? How unfortunate you have a tummy bug that day.

NaturalStudy · 15/12/2023 18:58

It's one thing to do freelance work but it's another to directly steal your employer's clients.

MimiSunshine · 15/12/2023 19:00

Why didn’t you inform them that you also worked freelance? Most places want at least to be aware of other work and many prohibit it.

It’ll be seen as poaching a client, (and you had to know that was a dumb move), you could just not go in on Monday but to be honest it would be better to know how they feel and deal with it / try and head off a lawsuit if that’s their inclination.

Original poster
cosmobrown · 15/12/2023 19:00

well, the company was never going to get the business anymore. And they asked me to do it. Small amount of work. I know I should have declared it, but to be honest, I was hoping to get away with it!

OP posts:
MimiSunshine · 15/12/2023 19:02

So go in and face the music, if they’re very upset about your actions. Show a hell of a lot more contrition than you are right now and hopefully you will do. But take it as the learning experience you so obviously need

Original poster
cosmobrown · 15/12/2023 19:04

what is the worse they can do?

OP posts:
Goodlard · 15/12/2023 19:05

cosmobrown · 15/12/2023 19:00

well, the company was never going to get the business anymore. And they asked me to do it. Small amount of work. I know I should have declared it, but to be honest, I was hoping to get away with it!

Well
It looks like you haven't

🤷‍♀️

Sapphire387 · 15/12/2023 19:05

In order to sue for breach of contract (I presume it was in your contract that you couldn't do this?) they'd really need to show that they suffered a loss. They can't just go for an unlawful deduction of wages i.e. not pay you, unless there is something specific in your terms that allows this.

It can be hard for them to enforce non-compete clause afterwards, but it is sometimes possible.

Like others have said, it would be fairly tempting to avoid the meeting.

Goodlard · 15/12/2023 19:05

cosmobrown · 15/12/2023 19:04

what is the worse they can do?

If you've got a non compete clause in your contract, they can sue you.

tomatoontoast · 15/12/2023 19:06

I deal with situations like this quite regularly in my jon.

Honestly, I wouldn't go in on Monday. I would let your company liase directly with the company you did the freelance work for and let them confirm they approached you. I would also prepare myself for your current company to contact your new job (if you have one) to inform them.

Best case scenario, they don't care. It was a silly thing to do though OP but its done now.

NeedToChangeName · 15/12/2023 19:07

NaturalStudy · 15/12/2023 18:56

Oh dear OP I presume this is a breach of your employment covenants? I expect they are more likely to sue the company that employed you directly rather than you, but they may try it to make an 'example' of you and stop their other employees doing the same.

@NaturalStudy if OP's employment contract prohibits this, then it's OP who faces potential claim from current employers

The other company can instruct who they like. They're not at fault and don't owe her employers anything

RH1234 · 15/12/2023 19:09

It’s literally down to your contract. If there’s nothing specific in there then don’t worry.

They are more likely to have a contract with the business your working for that will put them in bother.

declaring would have been best, but you haven’t.

Unless they prove the loss and a breach of contract on your behalf, that’s the free market.

I left a big employer years ago, and my first contracts (self employed) was one of my previous employers contracts, they found out about it, but nothing was written to say they couldn’t move and nothing. (They approached me, not the other way round)

Still got cake, wine and friendly goodbyes.

NaturalStudy · 15/12/2023 19:15

@NeedToChangeName Her employer may have a contract with the company that hired her directly prohibiting them from doing so. It's not uncommon. In which case they will sue the company directly. So it's not necessarily true to say the other company can instruct who they like and they don't owe her employer anything.

Original poster
cosmobrown · 15/12/2023 19:22

Interesting replies. Thank you all.
I would like to think they will just slap my wrists and tell me off. But I know I did something wrong, so understand they could do more, but what? So could they sue me for the amount of money I received for doing the work? Or is it a set fine?

OP posts:
RH1234 · 15/12/2023 19:27

Worse case if it’s in your contract and they have a good enough case they could sue for loses which would be what they’d have expected to earn.

They would also look at your time as an employee to make sure your “freelance” work wasn’t done on any company time and that no company materials or resources were used I.e. previous software/developed sheets etc unless the other business owns them.

Its really all down to “how long is a piece of string” and what your contract says…

Original poster
cosmobrown · 15/12/2023 19:30

My contract is very vague. There is no job description, nor any terms and conditions. It is just an outline of a contract really. I have been with company for over 20 years.

OP posts:
Mrsttcno1 · 15/12/2023 19:31

Yes, they could sue for losses.

Not going to the meeting won’t stop this from happening.

If I was you I’d go, and see what if anything in said, rather than wait to get a letter through the door as the anxiety of that would drive me crazy!

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