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Disciplinary Hearing - Gross Misconduct

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  • Disciplinary Hearing - Gross Misconduct

    Hi, I am seeking advice as on Tuesday i have a hearing for gross missconduct.

    I have been working for my current employer for over a year.
    I left my previous company to attempt to become a contractor for them. In the 3 weeks after i left i was approached by my current employer to work as a supervisor for them. At the time they knew i was trying to become a contractor in my own right and this was discussed in my interview with them that it was something i would like to do in the future.
    My current employer also contracts work off of my previous employer, just as i had intended to do.
    Over the last year i have mentioned to them on multiple occasions that i might put in an application to my previous employer to become a contracor for them. Each time i have had no objection from them and the last time i mentioned it the director joked that he would trash any work i got, he even laughed about it. At no point have they told me that if i did apply it would be classed as misconduct. This led me to believe that they were ok with it as they have not voiced any concern and we had a friendly and open relationship.

    I applied to my former company and they have found out about it. Now they are saying i have breached my contract and have commited gross misconduct.

    I also have a written statement from them admitting that i had mentioned it to them in the past and that no objection was raised.

    Where do i stand???
    Tags: None

  • #2
    Re: Disciplinary Hearing - Gross Misconduct

    What does your contract of employment say?

    Comment


    • #3
      Re: Disciplinary Hearing - Gross Misconduct

      It depends on whether there were any restrictive covenants in your original contract of employment. Can you scan it and post a copy, crossing out any names and addresses first ?

      If there is written confirmation of the 'not minding' this would be viewed as a variation by agreement and would supercede the earlier terms anyway.

      If there is this confirmation, and they are trying to go back on it, they cannot then legitimately claim you are in breach of contract.

      Comment

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