Gross Misconduct meeting

[hicksy1982]

Hi folks.

Wonder can someone on here offer me some advice?

I am employed full time in Northern Ireland and have recently started my own business on the side. This will completely be weekend work and will not interfere in any way with my main Monday - Friday job. There is no conflict of interest there either in terms of the nature of the job.

Today I have received a letter inviting me to an investigation meeting addressing allegations of gross misconduct due to carrying out other business without the company's consent. There is a conflict of interest section in my contract where this is mentioned but TBH I did not even consider this as my business will not have any effect on my main job. Perhaps very green/silly of me I know.

Aside from this my department has lost 4 colleagues in the past 2 years and only 1 has been replaced. There are now 4 of us carrying out the work of 6/7 people. I voiced my concerns about this last week. During my latest colleague's exit interview the HR Manager asked him if I was really as busy as I said I was and if I was under as much pressure as I claimed. Surely this is not allowed?

My boss who is a rude and difficult man told a colleague to refuse to take on extra work and to pass the customers on to me as "it will get him out of bed in the morning!!". A completely ridiculous and unfounded statement/claim!

I am now concerned I will be sacked next week.

Please advise

[echat11]

Hi Hicksy1982

I would go through the employee handbook, see what it has to say with regards to disciplinary matters. See if you can take a fellow trusted colleague with you as a witness and take notes (if it's not in the employee handbook ask if you can take one anyway). Make notes on how you see the situation, explain that it was remiss of you not to check your contract, but explain that it won't interfere or effect your work. More advice is on it's way.

[ULA]

Firstly my knowledge is based on English law, however there are many similarities to employment law in Northern Ireland but please bear my lack of knowledge in your legal jurisdiction in mind.

Do you have any clauses in your contract about devotion of time, notifying your employer of taking on another job, 48 hour working week?

Is your own business very different from the work you are employed to do?

[hicksy1982]

Thank you for the replies so far

I will take a calm headed colleague with me to the meeting.

The only thing in my contract related to this is what I have attached to this post.

My side business is a mobile bar for weekend weddings. My Employer is a label manufacturer.

[ULA]

Thank for the copies.

Sorry to say it is very clear under the Conflict of Interest and Confidentiality clause that you are required to get written consent of the company to take on other employment or have your own business.

I think your best line of defence is that you are very sorry you did not get written consent and point out that this is purely a weekend business and is not in any direct or indirect competition to your employer and will not impact on your ability to carry out your work for them Mon-Fri. If your business has not actually had any events that you have carried out that may also be something to add into your statement.

[echat11]

Something else that has occurred to me, if you are being victimized (I'm not saying you are, I don't know the totality of your working environment), it might be worth discretely checking if anyone else has any sort of employment outside of there normal contracted work with the company.

Don't cause 'waves' to find out, just discretely - did they ask the company.

[hicksy1982]

Hi. Thanks again for the advice. I can confirm that there are many others in the company running their own small businesses in their own time. ! has confirmed to me that they have not asked permission and I would imagine the remainder are the same.

[ULA]

That is good information to know when you attend your meeting, although you may need to be careful as to how you use it.