my rights whilst starting a new business

[DreamEnviro]

Im currently employed as a full time pedt controller and have been with the same company for 8.5yrs . I have now come into a position that allows me and my family to start our own pest control business. The problem im having is i dont not have a contract of employment . My boss has found out that i am going to be doing this shortly and asked me to resign. But i am not ready to leave my job yet as im not finacially ready. Where do i stand im paid monthly so i would think i should give a months notice , however he said i should go within a week or monday coming he hasnt decided .
I am in need of some expertise

 

[cjd]

Lots of issues here. Firstly, it's illegal not to be given a contract so your boss is in the wrong before he starts. Secondly, you will be deemed to have a contract anyway. Thirdly, he can't legally tell you to leave in this way, he's going to have to pay you - quite a lot - if he wants you to go.

But if you've been talking to his customers and telling them you may be available for work and other poaching tactics, you could be in trouble.

Your should find an employment lawyer immediately

 

[Employment Law Clinic]

CJD has said all that's necessary succintly enough.

 

[DreamEnviro]

I havent been to any off his customers as i thought i could get in trouble all i have done so far is build a basic website and advertised on yell.com and facebook ..
i havent got any finances for a employment lawyer this is why i hoped someone could advise on here. .
do you know what to do next without bringng lawers into it .

 

[Employment Law Clinic]

do you know what to do next without bringng lawers into it .

Resign on your terms, and start your new business.


Karl Limpert

 

[DreamEnviro]

So if I give 4 weeks notice he has to abide by it .

 

[DreamEnviro]

I wanted to to leave on the 28th of July really but I think I couldn't do that now

 

[Employment Law Clinic]

You can give whatever notice you want - but at least a few weeks. If he required you to leave earlier, he'd either have to dismiss you (unfairly, which leave open the option of a tribunal claim), or put you on gardening leave. Currently though the employer, having failed to even issue an employment contract, has left themselves in an awkward position where they can't dictate anything.


Karl Limpert

 

[DreamEnviro]

Good morning . Thankyou so much for the advice I feel much better now I have had you give me advice.

 

[stevekay]

Would his dismissal be unfair? He has started a competing business whilst still being employed in that industry? Would this not count as misconduct of some sort?
Only asking by the way as I'm unsure and just curious.

 

[DreamEnviro]

Hi Steve.
I was worried about that also but i dont have a contract stating i cannot carry out my own business even if it is the same . I have spoken to ACAS over the weekend and as i dont have a contract i am not obligated to hand in my notice. The only notice i have to give is 1 week when i am ready too not when my current employer says i have too, if they require me to leave, they have to do so on gardening leave. The gardening leave terms is 1 weeks pay for every year you have worked for the company .
As long as i haven't been using the companies products or van etc i have nothing to worry about.
so they couldn't dismiss me on misconduct.

 

[DreamEnviro]

updated report regarding my situation.

I went into work today and to my surprise my employer was really nice towards me .
I spoke to ACAS and they advised me as above.
I told my employer what my findings//advice i was given and they wanted to find this out for themselves via further advice from whoever .
I have left it in the hands of them now as they said they wouldn't be willing to pay me my entitlement of gardening leave. I feel they knew this all along regarding my advice given by ACAS and hoped i didn't look into it. Im glad i did . The only thing now is i am worried they will make my life hard until i leave .

I know some of you will say just go and start your business , I would if i was ready im nearly ready but not just ready if you understand me,

 

[Newchodge]

Carry on until you are ready to give notice. If they make life hard for you, issue a formal grievance about it.

 

[RayLevy]

Hi

I think ACAS dealt with the questions here, but its worth noting for others who may wish to leave and start their own business, that (a) if they have a contract of employment, you'll need to check you're not breaching any terms of that contract by setting up your new business before you leave (and also check there are no specific restrictive covenants preventing you from competing for a period of time after you leave) and (b) even if you have no written contract, like this case, if you are director of the company you will have an 'implied' obligation not to compete with or damage the interests of the company whilst you are still a director. This means that you would really have to leave before setting up the new business.

Anyway, all seems fine here. But feel free to contact me if you have any further queries.

Kind regards,
Ray