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Contract/confidentiality query

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  • Contract/confidentiality query

    Hi,

    I've come up against a bit of an issue and was wondering if I'm right in thinking that this is completely out of order.

    I work for an outsourcer in a call centre for a rather large insurance company. I have done so for 2 and a bit years. We work on the clients premises carrying out their customer service/sales duties.

    Recently I applied for a role direct with this insurer as a claims handler, passed the interviews and was offered the job. I have electronically accepted the contract sent to me with a start date of 18/08/2014. On the day i received the contract (06/08/2014) I gave my notice of resignation for one week as agreed with my HR dept who have been aware that I have been awaiting confirmation of alternative employment for close to a month as I have sought advice on my notice period due to the pre employment screening taking a long time to complete and potentially leaving me with a shortened timescale for giving my notice. HR advised they were not immediately concerned with how much notice I gave and if I had a start date then we would deal with it as it came.

    The one week notice was accepted and this confirmed by my manager (verbally). Later that day I emailed my manager to see if I could finish up earlier than I had initially requested, Friday 08/08/2014. I sought confirmation on any impact this would have on my lying time payments, eligibility for re-employment and if the business would accept me leaving early. This was agreed in an email thread between the operations team, my manager and HR. In this thread the operations team appeared to express their dissatisfaction that I was moving direct to the client,

    On my last day (fri 08/08) I was pulled in by a manager (not mine) who wanted to have a go over how much "Personal time" I had used the day before, (39mins) I adv that if she had any doubts over the genuine use of this time ie I was on the toilet, then I would have difficulty proving to her satisfaction that I wasn't "out for a fag" as she had suggested. During this conversation I am told that she could very well "go to your new manager and tell them about this" and that "operations may want to take this further and they may speak to the client" ie my new employer.

    I get on with my shift as it's my last day and realistically I don't think this is a big deal and think that after 2.5 years service and a good record/relationship with the business that they'll leave it alone.

    However, This manager is seen to be talking to HR (they told her to leave it alone as they would be required to give 48hrs notice of disciplinary, it's his first issue and it's his last day, behave.) and operations are talking to our client contact in the office after this manager has been roaming about the office with a chip in her shoulder.

    At 1730hrs on my last day, 2.5 hrs before I am due to finish. I am taken into a meeting with one HR rep. I am then told by him that my current employer have been in discussion with my new employer and have moved my start date back 1 month. This is apparently due to my new employer being unhappy with my notice period. I query how this company know anything about my notice period as I have only told the outsourcer, how the outsourcer knows anything about my contract/start date/ conditions with my new employer and why the outsourcer thinks it is anywhere close to within their remit to be concerned over my employment/activity/start dates after my agreed notice is served.

    I also remind him that I have already submitted a notice of one week as requested by HR and I would be willing to work this if it caused an issue. I also point out that if I were to serve the notice sought then this would still lead to me leaving the business 5 days before my new start date so the reasoning re notice period is nonsense.

    I'm told that this has come from my new employer as currently the outsourcer is low on agent hours targets and that my current operations team have adv they are not happy with the client "poaching their staff".

    I believe that this must be a massive DPA breach not to mention that they have went out of their way to damage my prospects of this new position by giving negative reviews to the this company. I believe that on the back of this they could well be re-assessing my offer of employment and I believe my current employer may start disciplinary action now that they have a timescale in which to do so.

    Do i have any case for action/grievance?
    Tags: None

  • #2
    Re: Contract/confidentiality query

    Whether or not you have a case for any action / grievance, I think you should consider biting your tongue and working the rest of your notice period keeping your head down, being squeaky clean about time-keeping in particular.

    If your offer of employment is withdrawn or if your manger starts a discipinary action, that would be different. But until then, staying on good terms with everyone in so far as is possible may well be your best route out of this job and into your new one.

    Comment


    • #3
      Re: Contract/confidentiality query

      First things first.........
      Have you checked your contract of employment and any company rules concerning the length of notice to give?
      I would also say, that in contacting your potential new employer to discuss your terms, conditions and notice period, to be a fundamental breach of trust.
      If an employee has given notice in line with their employment contract, an employer must accept their resignation.
      An employer cannot alter your notice to leave, without your express permission.
      So any notice that you have given, should still stand.

      On my last day (fri 08/08) I was pulled in by a manager (not mine) who wanted to have a go over how much "Personal time" I had used the day before, (39mins) I adv that if she had any doubts over the genuine use of this time ie I was on the toilet, then I would have difficulty proving to her satisfaction that I wasn't "out for a fag" as she had suggested. During this conversation I am told that she could very well "go to your new manager and tell them about this" and that "operations may want to take this further and they may speak to the client" ie my new employer.
      This would without doubt, amount to a fundamental breach of trust if this threat was carried out.
      Your current employer does not have a time scale to take disciplinary action against you, if you have already given notice.
      See the attached ACAS guide, which companies are expected to follow.
      Attached Files
      “The only man who sticks closer to you in adversity more than a friend, is a creditor.”

      Comment


      • #4
        Re: Contract/confidentiality query

        Thanks fr the reply,

        Standard notice as set out in the contract is 1 week. I initially gave one weeks written notice then made an agreement to finish up on friday 08/08/2014, I admit this is short notice at 3 days but I feel the fact this has been agreed with the business would sidestep any contractual obligations.

        Comment


        • #5
          Re: Contract/confidentiality query

          Originally posted by SomeGuy View Post
          Thanks fr the reply,

          Standard notice as set out in the contract is 1 week. I initially gave one weeks written notice then made an agreement to finish up on friday 08/08/2014, I admit this is short notice at 3 days but I feel the fact this has been agreed with the business would sidestep any contractual obligations.
          If it is an agreement to end your contract of employment earlier than the original finish date.
          Then the new finish date is legally binding.
          As already stated, your contract cannot be altered unless both sides agree.
          To make an agreement, both sides have to agree.
          As long as you have proof, then the finish date is 08/08/2014
          “The only man who sticks closer to you in adversity more than a friend, is a creditor.”

          Comment

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