Hello all,
I work in a middle management position for a largeish healthcare company and have done for 5 years. We have recently had a new General Manager join who I report into. My role is unusual in the organisation, and in a recent 1 to 1 he told me he would be beginning a process of restructuring the organisation, and he talked about another job (a sideways move for me) which he wanted me to take. We discussed this and I asked what would happen if I decided I didn't want the new job, would I continue doing my current job or would we be having a different conversation? He confirmed we would be having a different conversation. I took this to mean redundancy.
I know that if I take the new role he's suggesting another person (the current incumbent) would either be made redundant (they're changing the scope of the role slightly) or moved into another job, but I also know these discussions haven't happened yet, and any consultation is not timetabled until the middle of June. Of course if I say I don't want the role they may decide to keep the current incumbent.
My boss asked me to confirm if I wanted the new job, and I did via email. I have not seen a role description or any change to my contract, or even had a discussion with him which defines the role clearly (he has said he wants me to continue with some of the projects I am currently working on but not which ones) so from my perspective this is a statement that in principle I'm keen on the role, depending on the actual definition.
In an ideal world I would not take the job as I know it is not something I really want to do, but as the main breadwinner I couldn't immediately enter the redundancy discussion as in the past it has taken a long time to find a suitable job where I live.
However, I have been looking for jobs and am at final interview stage with another job at the end of this month. If they offer me the role, it is quite likely I will accept.
I have a question based on the above scenario:
1) If I tell my employer I have decided the new role is not for me, and go through the redundancy process, am I obliged to tell them about the other job offer (it is with a competitor)?
2) I have a non-compete clause in my contract (wording at the bottom of the post) - does this still apply in the event of redundancy, even if I am already in the process of being recruited by a competitor?
My ideal solution would be one in which I get a redundancy package, a colleague is not made redundant, I am not forced into gardening leave but can have a reasonable handover. Thank you so much for your thoughts and insight.
This is the non-compete clause:
Restrictive Covenant
Following the termination of your employment, you shall not:
Use or disclose any confidential information relating to the business or financial affairs of the company to any person, firm, company or any other body so long as the information remains confidential.
For a period of three months engage whether jointly or as a principal partner, agent, director, servant or consultant or any person, firm, or company directly or indirectly in competition with the business of the company or any associated company without the prior written consent of the company.
For a period of six months endeavour to entice away from the company any employee who was employed at the time of the termination of your employment provided that this restriction shall only apply to employees with whom you worked in the last twelve months of your employment.
I work in a middle management position for a largeish healthcare company and have done for 5 years. We have recently had a new General Manager join who I report into. My role is unusual in the organisation, and in a recent 1 to 1 he told me he would be beginning a process of restructuring the organisation, and he talked about another job (a sideways move for me) which he wanted me to take. We discussed this and I asked what would happen if I decided I didn't want the new job, would I continue doing my current job or would we be having a different conversation? He confirmed we would be having a different conversation. I took this to mean redundancy.
I know that if I take the new role he's suggesting another person (the current incumbent) would either be made redundant (they're changing the scope of the role slightly) or moved into another job, but I also know these discussions haven't happened yet, and any consultation is not timetabled until the middle of June. Of course if I say I don't want the role they may decide to keep the current incumbent.
My boss asked me to confirm if I wanted the new job, and I did via email. I have not seen a role description or any change to my contract, or even had a discussion with him which defines the role clearly (he has said he wants me to continue with some of the projects I am currently working on but not which ones) so from my perspective this is a statement that in principle I'm keen on the role, depending on the actual definition.
In an ideal world I would not take the job as I know it is not something I really want to do, but as the main breadwinner I couldn't immediately enter the redundancy discussion as in the past it has taken a long time to find a suitable job where I live.
However, I have been looking for jobs and am at final interview stage with another job at the end of this month. If they offer me the role, it is quite likely I will accept.
I have a question based on the above scenario:
1) If I tell my employer I have decided the new role is not for me, and go through the redundancy process, am I obliged to tell them about the other job offer (it is with a competitor)?
2) I have a non-compete clause in my contract (wording at the bottom of the post) - does this still apply in the event of redundancy, even if I am already in the process of being recruited by a competitor?
My ideal solution would be one in which I get a redundancy package, a colleague is not made redundant, I am not forced into gardening leave but can have a reasonable handover. Thank you so much for your thoughts and insight.
This is the non-compete clause:
Restrictive Covenant
Following the termination of your employment, you shall not:
Use or disclose any confidential information relating to the business or financial affairs of the company to any person, firm, company or any other body so long as the information remains confidential.
For a period of three months engage whether jointly or as a principal partner, agent, director, servant or consultant or any person, firm, or company directly or indirectly in competition with the business of the company or any associated company without the prior written consent of the company.
For a period of six months endeavour to entice away from the company any employee who was employed at the time of the termination of your employment provided that this restriction shall only apply to employees with whom you worked in the last twelve months of your employment.
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