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Issued with Final Warning. Help please

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  • Issued with Final Warning. Help please

    My employer sent around secondary employment declaration form for everyone to fill out in March 2018. As I did not have a secondary employment, I completed the document with Not Applicable and sent it back

    In June 2018, I was asked to complete the form again, this time it was sent by the internal auditor as he felt that my initial form was filled out incorrectly. He advised me to check companies house record.

    I checked on companies house website and that is when I realised I was an active director of my fathers restaurant business. I asked my dad and he said that it was meant to have been changed to my younger brothers name in 2017 as he was now eligible. Back in 2011 my father made me company director of his restaurant as all my siblings were underage at the time.

    I completed the declaration form in June 2018 and sent it back to the internal auditor

    One week later, I was called into disciplinary hearing under stage 3

    I explained the allegations raised, of how it was a misunderstanding and that no one explained it to me. I was honest and explained that it was an unwitting human error

    My employer got back to me after one week issuing me with a final warning.
    Condition of the warning was to cease all involvement with XYZ LTD.
    Since it was not a dismissal, I did not appeal as I thought I would've satisfied their requirements by relinquishing my directorship rather than entering into a protracted argument with them and to maintain a healthy employer/employee relationship

    I got my father to change the directorship within a matter of days and I provided the evidence to my employer that I am no longer a company director.

    My employer then writes back to me (after the 5 day appeal had passed) saying that they also require me to cease my work for XYZ LTD
    I felt very betrayed and feel as if though they are setting me up to fail to get rid of me.

    I do not work for my father. I would only be at the restaurant to either pickup food or assist my father with his business during my personal time only.

    I met with my employer yesterday which was also the deadline date for me to agree to their conditions

    I requested clarification and was told that because I ‘misled’ them initially (incorrectly filled out declaration form) they have decided that my role was incompatible to be involved with my family business. The sanction is so extreme that I cannot even interpret a letter for my father.

    I have worked for the organisation for over 13 years and have always been clear and transparent. Everybody in the organisation knows about my family business, they even had their Christmas dinner party there. My previous line manager knew that I help with my fathers restaurant and never had any issues with it.

    I do not understand why this new management is taking such unreasonable approach

    I have also learnt that another colleague of mine made the same mistake as me but never was issued with disciplinary.

    I could understand if there were any conflict of interest, however there are correlation between to two businesses. I work for a community bank and my father owns a restaurant.

    Since yesterday’s meeting with my employer, I started having anxiety attacks in the evening and contacted my doctor.
    My GP has signed me off work for one week from today due to ‘stress at work’

    Appreciate your thoughts and advice.

    Jay
    Tags: None

  • #2
    Being a director does not, in itself, make that person an employee of the company. If the form only asked about secondary employment then you answered correctly. If it asked you declare directorships / interest in other companies etc then it may have been wrong ( but as you said, it was a simple mistake as you'd forgotten your dad had put you as director)

    Is there a change of ownership of your employer or just a new manager ?
    Are there redundancies coming up at the company you work for ? Why the internal auditor ? And why was he digging about looking for things to disprove what you'd written on the form ?

    Does your our employment contract contain any terms requiring you to not have second jobs, and directorships / interests in other companies.

    Is is there a financial issue showing on your dads company accounts at all ? ( simply asking as you work in the financial sector and presumable have to go through credit checks etc )

    I'm sorry to hear you're going through this, especially after 13 years at the firm and seemingly over something that has been common knowledge for years ( that your dad has a restaurant ) I'm not surprised you feel a bit shell shocked and stressed.

    Ill tag mariefab and Ula to look in as they are the clever ones on employment law but I'm thinking your written final warning letter and any contract terms would be helpful for them ( suitably redacted of course )


    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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    Comment


    • #3
      Originally posted by Amethyst View Post
      Being a director does not, in itself, make that person an employee of the company. If the form only asked about secondary employment then you answered correctly. If it asked you declare directorships / interest in other companies etc then it may have been wrong ( but as you said, it was a simple mistake as you'd forgotten your dad had put you as director)
      Is there a change of ownership of your employer or just a new manager ?
      Are there redundancies coming up at the company you work for ? Why the internal auditor ? And why was he digging about looking for things to disprove what you'd written on the form ?
      Does your our employment contract contain any terms requiring you to not have second jobs, and directorships / interests in other companies.
      Is is there a financial issue showing on your dads company accounts at all ? ( simply asking as you work in the financial sector and presumable have to go through credit checks etc )
      I'm sorry to hear you're going through this, especially after 13 years at the firm and seemingly over something that has been common knowledge for years ( that your dad has a restaurant ) I'm not surprised you feel a bit shell shocked and stressed.
      Ill tag mariefab and Ula to look in as they are the clever ones on employment law but I'm thinking your written final warning letter and any contract terms would be helpful for them ( suitably redacted of course )
      Hi Amethyst,

      Many thanks for your reply and tagging the experts who are more experienced in this field.

      There is a new manager who has taken charge of the company I work for.

      I have not heard of any upcoming redundancies

      Since the company doesn't have a HR department, the executive assistant sent around the secondary employment declaration form for completion.

      The form did not ask about unpaid work or volunteering so I did not include the fact that I occasionally assist my dad at his business in an unpaid capacity.

      Given that I did not have any paid secondary employment, I completed the document with the notation - Not Applicable.

      The executive assistant then replied stating that he thought I was the owner of a restaurant. I explained that the restaurant in question is not my business but my father’s business. I also explained to him that on occasions I assist my dad but this is outside business hours and mainly on weekends - if and when he needs some extra support.

      He acknowledged my response and there was no further communication on this matter. If he felt it was necessary for me to indicate this on the form why did he not flag this immediately?

      Approx. three months later, I was again asked to complete the same form. On this occasion the form was sent by the Internal Auditor. Apparently I didn’t complete the form fully on the previous occasion.

      I informed the internal auditor that I had previously completed and submitted the form to exec assistant however he advised me to complete the form again and to check and confirm that all the details are correct. I was told how I could access some of the information regarding Directorships on the Government website.

      I immediately checked Company’s House website and it was only then that I realised I was still active director of my father’s restaurant business. This was unwittingly omitted when I made the first submission as I had been told my name was taken off the register.

      There are no financial implications with my fathers business and my credit file is rated very good/excellent.

      I went over my contract of employment and there is no clause related to this matter. There is no All Time and Attention Clause in my contract. My contract of employment does not restrict me from helping my family business on my personal time.

      My Contract of employment mentions the following regarding secondary employment-

      'The employee shall not, during the continuance of this employment, be concerned or interested in any other business without the (XXXXX) consent, which represents a direct, conflict of interest or which may serve to compromise the integrity and professionalism of the organisation'

      I have also recently learnt that other employees made errors on the Declaration Form however no such action was taken. I believe I am being targeted and treated unfairly

      This is the charge upheld from the final warning- You misled (XXXXXXX) in some of your initial answers regarding your outside business interest. I have therefore decided your outside interest is incompatible with your employment as (XXXXXXX) and require you to cease your involvement with (XXXXXXX Ltd), and provide me with this confirmation and evidence of this

      Please let me know if you require any further information and thank you for your continued support.

      Jay




      Comment


      • #4
        The executive assistant then replied stating that he thought I was the owner of a restaurant. I explained that the restaurant in question is not my business but my father’s business. I also explained to him that on occasions I assist my dad but this is outside business hours and mainly on weekends - if and when he needs some extra support.

        He acknowledged my response and there was no further communication on this matter.
        Was this on email/in writing?

        be concerned or interested in any other business without the (XXXXX) consent, which represents a direct, conflict of interest or which may serve to compromise the integrity and professionalism of the organisation'
        So yes, being strict, the directorship should have been disclosed, however I can't see how a restaurant would be at all related ( direct conflict of interest ) to your work at a community bank.

        Ula mariefab
        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #5
          Do you stlll have a copy of the secondary employment form?
          If so can you quote exactly what question/s it asks

          Comment

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