conflict of interest

[georgie1987]

Hi,

Just looking for advice at the moment.

Me and my husband worked at the same company but different departments. he has decided to accept a position with a competitor but my employer immediately put me on paid leave as they believe it makes my position untenable.

I am now waiting for them to write to me with their decision as what to do.
Do they have any right to do this? is it purely down to me agreeing to their terms or can I legally refuse if I deem it unfair?

I haven't done anything wrong which could allow them to fire me, never had a warning ect.

Thanks

[enquirer]

Re: conflict of interest

Me and my husband worked at the same company but different departments. he has decided to accept a position with a competitor but my employer immediately put me on paid leave as they believe it makes my position untenable.

They may have a point, but whether they are legally right is doubtful. Examine your contract very carefully. In any event, is your role one in which you would actually be likely to acquire any confidential information that would be of use to a competitor?

The danger is that they will now seek to fabricate some means of getting rid of you, so be on your guard.

[mariefab]

Re: conflict of interest

It depends on whether they would behave in the same way if the relationship was comparably close but not marriage.
e.g. a couple or family member living together.
Otherwise it could be marital discrimination.

What 'terms' do they want you to agree to?

[charitynjw]

Re: conflict of interest

Hi georgie1987,

I guess this comes under the 'range of reasonable responses' test.

While we could argue the toss of whether a hypothetical 'reasonable employer' would take this course of action, ultimately it is the Employment Tribunal lottery which supplies the definitive answer.

One thing to mention, however, is that a Human Rights Article 8 argument is unlikely to succeed, given the recent decision in Turner v East Midlands Trains Ltd [2013] IRLR 107)