Post Term Requirements - Preventing me from future work

[Relentless]

I've recently resigned from a development role at a small digital agency, and I'm on my final week of Gardening Leave. Throughout my time there I had numerous discussions about leaving, and despite everyone meeting ending up with agreement between all parties, no action was ever enforced and I realised it wasn't the right environment for me to do my job.

However, they've now began to play difficult about a few things. So I'm really looking for advice about what to do next, I'm going to try see a specialist this week but just feel restless about the whole affair now. Worried about the costs involved to seek consult and a remedy to the situation, and whether I'm just going to be struggling to fight an uphill battle.

Here's a summar of the situation:

1. Handed resignation in to employer, was offered a consultancy job abroad in Sweden
2. Consultancy job was with a pretty big company who is a client, but not a competitor.
3. There was, in my mind, a breach of the DDA/Equality Act* that I ignored as I was keen to leave on a good note
4. My personal phone number was given out to a third party, but once again, I did nothing as I wanted to leave on a good note
5. Situation was bad enough at the workplace that I was placed on gardening leave
6. Discussions were held with the prospective employer in Sweden and my past employer - and I've been told the outcome was such that I can't take employment there.
7. Grounds for refusing me permission relate to two clauses in my contract; regarding Confidential Information and Intellectual Property respectively.
8. I didn't have access to any Confidential Information as outlined in the contract, and there is no time limit to the requirements.
9. Similarly, the Intellectual Property section is irrelevant as it's basically a "What you do in your spare time belongs to us";

1. If this is to be interpreted in a certain manner, I think my portfolio actually belongs to them - but it's paramount to future employment prospects
2. Furthermore, if this is interpreted in that manner, it actually rules me out of working for a lot of companies.

I'm worried I've lost a truly great opportunity (once in a life time) and been stitched up. My boss ignored a request for the copy of my contract (when I thought I lost it, I have since found it..) and I don't think he thought I would take this much of an interest in the situation.

I have no idea what to do now, and I'm expecting it may be a pretty long and expensive fight for nothing - but I'm gutted at the moment. So any advice guys, or any prices I should be looking at towards getting this situation resolved/looked at?

Thanks

*The Equality Act incident I've mentioned is with regards to a mental illness. I provided written information (including medication information) of an illness I was suffering from, and that it made the current workrate unsustainable. Despite this, whilst abroad I was working 8 hours on client location and having my evenings and weekend meaning my time was approaching 3+ weeks of consistently around 55/60 hour weeks. Needless to say, my contract opted me out of the WTR. There was no real action taken when I told them I was no longer sleeping, and I was working to the point my medication was giving me side effects and impairing my ability to do my job during the usual 40 hour week.

** The possible breach of the DPA may be a red herring to be honest, my personal contact details were provided to a third party agency. Having read my contract I can see that they are authorised to give my details to "Authorised Agents"; a term which is never defined - so this may be something to just chalk up to experience?

[Tools]

Re: Post Term Requirements - Preventing me from future work

Hi Relentless

May I suggest you first contact ACAS and discuss the matter with them and see what they come back with.

Secondly, you say that any part of your portfolio conducted in your spare time belongs to them, I assume this is design work for your own portfolio and not relating to any existing clients of your employer? If so then I believe the ownership is yours. If you designed it on your own systems, in your own free time you will have meta data to prove this and therefore that the IP is yours.

Has the offer of employment been retracted by the Swedish company and has your employer contacted them?

It may be that you have to instruct an employment law professional to fight this one, but check with ACAS first.

Are you a member of any Union that could represent you?

[teaboy2]

Re: Post Term Requirements - Preventing me from future work

Can you post up the relevant terms as they appear in your contract? - Its hard to advise on them without knowing what they actually say in full.