Awkward Situation - Very Conflicted

[Cunnindrum]

Just wanting to put my thoughts on paper and see if anyone has any advice at all.

I'm leaving my current employer, have handed in my notice and will be moving to a competitor.

My notice period is ordinarily 3 months. My current employer suggested they could accommodate a 1 month notice period instead, I thanked them but due to annual leave and other commitments at my new employer I needed this notice period to be longer and I asked for a period of 6 weeks instead.

This has been agreed but I have also now been tasked with continuing my sales work with clients, alongside now working on a new project internally, and being trained up to process and issue contracts with highly sensitive data.

This is a huge conflict of interest for me given that I am moving to a direct competitor, it's left me feeling quite uncomfortable. I don't feel I can complete these tasks in a comprehensive way without also affecting future prospects at the new employment, but I also don't want to do the assigned tasks poorly or incompetently.

Does anyone have any advice? Ordinarily leaving staff are put on garden leave, my manager has taken an obvious dislike to me (part of my reason for leaving) and I believe this is the reason why my resignation is being handled in this way.

How would it affect future prospects? I think there is reasonable expectation regardless of notice period to conduct duties with professional integrity.

I don't understand your issue with this at all.

I get it, but I don’t understand why they would want you touching sensitive data. I’ve had the same and although I didn’t take anything I shouldn’t have when I left, I had a lot of it stuck in my head which my contract forbade me to use. I would suggest to your manager that “maybe” it’s not a good idea for you to work on that type of thing in your current position.

Continuing your sales work with clients sounds okay / fairly reasonable but now working on a new project internally, and being trained up to process and issue contracts with highly sensitive data sounds unusual and not logical given that you're leaving in a matter of weeks

You have several options:

Contact HR and discuss it with them (in writing) asking if it's in the company's best interests that you're being trained in new areas in your notice period. Cite your conflict of interests and ask why established procedure of placing leaving staff on gardening leave isn't being followed in your case

Relay your concerns to your manager (in writing) asking if it's in the company's interests that you're being trained in new areas in your notice period. Cite your conflict of interests and ask why established procedure of placing leaving staff on gardening leave isn't being followed in your case

Discuss with your union rep (if you are part of a union)

Seek advice from ACAS

Consider absence due to sickness caused by stress

They should be offering you gardening leave,

If I was leaving for a direct competitor (also in a sales role) I would be off for 3 months paid... especially when there is any risk of handling sensitive information.

They obviously really trust you...

If they don't see the issue then it's hard to bring it up isn't it as looks like your potentially a risk of stealing the intellectual data?

Sorry if it wasn't clear, the problem here is I'm leaving for a direct competitor. Any clients I'm currently working with could be potential customers at my new employer.

Hence the conflict of interest here, bringing new clients on board to a business I'm leaving, to then approach them when I start my new employment and suggest they change provider.

There's also a huge amount of exposure to sensitive information, and IPR which makes me feel uncomfortable.

@SummerSummeySun If they don't see the issue then it's hard to bring it up isn't it as looks like your potentially a risk of stealing the intellectual data?

But is this what the manager is trying to do - limit OP in her new role?

i.e. morally tie her hands with respect to what she can and can't do in her new role with a direct competitor??

You made a mistake with agreeing to the 6 as your contract likely has a no compete.

They are now asking you to do some frankly odd stuff.

Id be going directly to HR explaining you expected garden leave due to obvious conflict of interest and can they advise

Thank you to the newer posters for the advice and understanding. I think I may need to discuss things with HR as a first port of call definitely.

I think it's going to be an interesting few weeks, there's definitely a sour feeling in the air which is disappointing.

Hi OP
Does your contract have a non-compete clause?
Ie are they being sneaky intentionally introducing new clients to you to prevent you working with them when you leave?
Just a thought...

Thankfully there isn't a non-compete clause (I have triple checked).

Is this something that HR can normally override or would this only be decided on by my head of department?

In my previous companies it depended but generally hr works for the business so even if your boss wants to be a dick about it hr will normally block it if its suboptimal so the company.
Current employer hr are king.
It terms of staff coming and going you dont so much as fart unless they say its okay

If you are going to a direct competitor it is likely suboptimal

Nuts you dont have non compete....

bringing new clients on board to a business I'm leaving, to then approach them when I start my new employment and suggest they change provider.
Isn't there a clause in your contract restricting this, at least for a defined period of time?

@Cunnindrum Any clients I'm currently working with could be potential customers at my new employer.
Hence the conflict of interest here, bringing new clients on board to a business I'm leaving, to then approach them when I start my new employment and suggest they change provider.
There's also a huge amount of exposure to sensitive information, and IPR which makes me feel uncomfortable.

Once you've contacted HR/your manager pointing out your concerns re conflict of interest, if they expect you to continue doing what you're doing and don't place you on gardening leave, then I feel you've done all you can to point the potential damage to their business - a potential damage they should have been aware of as you're not bound by a non-compete clause.

It's actually not your responsibility to limit any damage caused - it's their responsibility.

Under those circumstances, I would feel totally comfortable in working for the new employer with whatever 'insider' information / client relationships I had been allowed to gather after alerting my previous employer ...........

@setmestraightplease thank you for the comment, that's a really helpful perspective and one that's made me feel better about the situation definitely.

I'm going to speak HR tomorrow to raise my concerns although I'm not sure this will make any difference. I don't want to be seen to be being difficult but it's such a bizarre situation to be in.

@Cunnindrum The last thing you're doing is being difficult! You're actually being very honest and very loyal to a company who sound like they don't deserve it !

Best of luck 😊x