Could you lose your job for this?

[mummytopebs]

My dp is working for a windscreen company and has done for 10 years. He is very skilled in his job and would love to set up his own business,we want to see if he would get much business and we cant afford for him to give up his job. If we advertise and he uses his own windscreen glue and own tools could he lose his job for this?

yes I would have thought so

Erm.... I think that as long as he doesn't take any clients that his boss already has I think he's ok.

BUT wait for someone with more knowledge

yes I would have thought so. but he'd have to check his contract

sounds a bit iffy

He needs to look at his contract. My employer had a clause where if I took another job while working for them I had to get permission.

If he is in direct competition to his current employer I would think they would not approve.

he has to read his contract and see what it says - there was a clause in mine about not working in the industry at the same time or for some time after! he could lose his job and if they were feeling nasty, for breach of contract if he took customers

a lot of companies have a clause in the contract that you can't set up in competition with them within a certain radius for X number of years, can't approach their clients, and stuff like that, so he should check.

Whatever his contract says, as an employee he has a duty of fidelity to his current employer which means not directly competing with them while employed by them.

They can't (I have been told - I am not an expert or qualified) stop you working in the same industry if you have left their employment (something to do with EU law on the right to trade or the mobility of workers or something). But if he is still working for them then it depends on the contract

It isn't so much that he would use his own tools that is the issue, but rather the company he's with would be concerned that he would be taking their clients with him.

Obviously it would depend on his contract of employment, but also what sort of relationship does he have with his boss? If he was upfront with his boss, and said he was going to be doing additional work on the weekend, would this be a problem?

Could he approach it on the basis that he has a family to support? I know a lot of people who have started businesses in the same industry with goodwill from their former employer.

Benny, if his contract has a non-compete clause, then it MIGHT be enforceable - employers can protect their interests. While he is working for them might provoke a problem

I love my dog the people you know that have set up on their own has it been a success?

He doesnt know where his contract is (typical man) so cant check, think we will leave it for now then especially with the current economic climate-not a good time to get sacked!

Of course if they agree that's fine, but can't see that while he is also working with them

tiger - I said "if you have left their employment"

If he is still working for them it is much more likely to be a problem

Benny, what happens after his employment will depend on what his contract says. If nothing, you are right, probably not much they can do, unless he is using "confidential information" (unlikely).

If there is a contractual non-compete then it might well be enforceable. Many of these clauses are, many are not. But of course he needs to find his contract first!

Yes, it was successful! One of my friends (in catering) was constantly asking her boss for over time as she was having problems with just the basic wage. She suggested working on the weekends doing kids parties. They came to some arrangement on facilities and she eventually left to start her own business.

Think this arrangement worked for several reasons: 1) she was not in direct competition with him 2) she asked him for help which he was happy to do 3) She kept him informed.