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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:
KrisAkabusi · 16/12/2023 10:54

Borth · 15/12/2023 20:25

I’d like to see them try and enforce the 6 months afterwards as the contract is null and void as soon as employment terminates.

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No it isnt! Non-compete clauses like that are standard in many industries.

VisionsOfSplendour · 16/12/2023 11:04

KrisAkabusi · 16/12/2023 10:54

No it isnt! Non-compete clauses like that are standard in many industries.

Show quote history

Not exactly the same situation but I was once stopped from getting some work because of a contract clause that ran for a year

It is a thing @Borth

VanGoghsDog · 16/12/2023 21:58

Notamum12345577 · 16/12/2023 10:49

Even though you are leaving, they could still go through the disciplinary procedure (though they would probably expect you not to engage with it as you won’t be there!) and if found guilty of gross misconduct they could ‘sack’ you which could mean they could claim back any pension contributions they have made over your career. Whether they would bother who knows though….

Utter nonsense.

Elvis1956 · 16/12/2023 22:26

Well they could sue, but will they. How much was this contract worth to them? Had they already lost it? At the end of the day of its only £20k then they won't sue and you won't get a reference, if it's £20m tell the boss to fuck himself and move abroad...they may get a judgement here but can't enforce it.
Seriously, I would ask the boss what he would have done, his company had already lost the business...you would have been stupid to turn it down, apologise and expect no reference

Notamum12345577 · 17/12/2023 23:25

VanGoghsDog · 16/12/2023 21:58

Utter nonsense.

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I don’t believe it is. Though very unlikely!

VanGoghsDog · 18/12/2023 09:10

Notamum12345577 · 17/12/2023 23:25

I don’t believe it is. Though very unlikely!

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You believe incorrectly.

There is no situation at all where an employer can claw back historic pension payments. Not in the UK. Maybe in North Korea.

Even paedophiles who were teachers, who have gone to prison, still get theirs teacher's pension.

You also can't dismiss someone who doesn't work for you. Yes, they could dismiss for gross misconduct in her notice period. But they can't do it after she's left.

thedementedelf · 18/12/2023 19:22

@cosmobrown how did it go? Did you go in yesterday?

MrsPositivity1 · 18/12/2023 22:05

Hope today went okay?

youtwoandme · 18/12/2023 22:11

Do you have an update OP? Hope all went smoothly.

Str8talkin · 18/12/2023 22:11

This reply has been deleted

This was started by a persistent troll.

Jf20 · 18/12/2023 22:16

Why did you resign, was it over this? Were they going to fire you if you didn’t?

Psyberbaby · 18/12/2023 22:16

Have you been freelancing long? Because the number one rule of freelancing is nurture your reputation

Ploctopus · 19/12/2023 14:46

biter · 15/12/2023 22:17

I'd go in then plead ignorance, especially as your contract is a bit vague.

If they get shitty just apologise a bit more and leave that hanging in the air. Be nice. It goes a long way

'Oh dear, I'm so terribly sorry. I hadn't really thought about that as a conflict. They were so desperate for me to do the work and I was just trying to help and be professional. I've been here so long I hadn't even thought to look at my contract. In fact I'm not even sure where my copy is. Apologies again".

Or something.

Some people recently left the small company work for and did some things against their restricted covenants. The company just sent them a shitty letter and couldn't do much else.

don’t do this - you don’t want to do anything that might be viewed as an admission of wrongdoing, especially because it doesn’t actually look like you have breached your contract or anything like that.

Original poster
cosmobrown · 19/12/2023 15:48

Update for anyone interested,
I went in yesterday - it was nicely timed with the Christmas buffet - and nothing was said at all. I got some flowers and a card, and the Big Boss said "Thanks for everything" in passing, and then I left! No big deal at all!

A weekend of angst for nothing! I've been lucky!

OP posts:
AliceOlive · 19/12/2023 15:51

That was what I expected. Great news.

”I’ve been through some terrible things in life. Some of which actually happened.”

MrsPositivity1 · 19/12/2023 16:32

@cosmobrown thats brilliant

TheKeatingFive · 19/12/2023 17:05

Great update

SleepingBeautySnores · 19/12/2023 17:23

I think you were quite lucky to have got away with it OP, and hope that in the future you will think twice before doing anything underhand like this. If not, then you deserve whatever comes your way.

C8H10N4O2 · 19/12/2023 18:13

SleepingBeautySnores · 19/12/2023 17:23

I think you were quite lucky to have got away with it OP, and hope that in the future you will think twice before doing anything underhand like this. If not, then you deserve whatever comes your way.

Don't be ridiculous. They were not paying for her full time - its up to them to put any restrictions they want in the contract. Since there were none they either don't care or have learned a valuable lesson in contracting.

Working part freelance, part retained is standard in some industries - its up to companies to make it clear where the parameters lie for each employee. They always have the option of paying for the remaining time in the week if its that big an issue (which some organisations will do).

RantyAnty · 20/12/2023 04:39

Happy it all went well for you!

determinedtomakethiswork · 20/12/2023 04:45

I'm so glad it went well. I was worried about you!

Richboy5566 · 20/12/2023 04:47

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

everythingthelighttouches · 20/12/2023 05:05

OP said breach of policy so any details are likely to be in there.

Get a copy of your company’s conflict of interest policy.

Her employment contract may indeed be very simple but this can be deceptive as it may simply say “follow all company policies”. But then all the details are in the policy.

Later in the employment contract there may be liability and indemnity clauses that again appear to be very simple but are very broad.

GnomeDePlume · 20/12/2023 06:15

Glad it didn't get unpleasant. There wasn't anything they could actually do legally but still good to leave on a positive note.

LadyWithLapdog · 20/12/2023 06:37

I thought you might turn out to be Michelle Mone, or some other Tory on a side hussle. But theirs are in the order of millions and they don’t get weekends of angst.