I was sacked for thinking about looking into my own business, do i have an unfair dismissal case ?

although the company says it was breach of contract, i didnt actually do anything apart from thinking about it. i did put a website up but it had no content and only because it was free and to learn about websites. i asked a manager if it would be ok to look into a business oppourtunity and he said 'yes' so i went looking into it. my contract says i must obtain my managers permission before doing so. although they are now saying it has to be my general manager but he was not available at the time. i worked at company for 9 years with an unblemished record in a senior position and it took a week to sack me . do i have good grounds for unfair dismissal anyone ? thanks for your answers in advance ;)I was sacked for thinking about looking into my own business, do i have an unfair dismissal case ?
Depends which country you live in. In the UK:





1. It depends what senior position you were in. If you were of a sufficiently senior level (i.e. approaching executive level) then recent caselaw indicates there may be an argument you owed fiduciary duties which were breached even if you only took steps towards starting a business in competition with the employer.





2. If you were not of particularly high level, then the contractual term they are probably talking about is either Confidentiality, or the implied term of trust and confidence. That indicates to me that the company is saying that you were taking steps towards starting your own business, that were in conflict with the duty that you owed to act in the company's best interests - for example downloading client lists, syphoning clients off towards your own company etc.





If you did not do that, and you genuinely were just taking basic steps such as registering a company then this may be an unfair dismissal situation. But if you were in breach of fiduciary duties, or you were actually competing whilst remaining employed by the employer, then it was probably a fair dismissal.





You should examine your own conduct critically, and decide for yourself whether your actions went beyond mere 'setting up' and became actual competitive behaviour. If it was just setting up then seek good legal advice (by which I mean go to somebody listed in Legal 500 who does restrictive covenant work, not somebody on the high street who dabbles - this is not a straightforward employment law situation).I was sacked for thinking about looking into my own business, do i have an unfair dismissal case ?
the business was not set up or even running, i was just floating the idea to see if it was an option. didnt even have time to do anything else about it before i was sent home by my boss to think about it, had a phone call 2 days later and was suspended even though i said i had stopped all interest.

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Looking at it from your point of view it does seem unfair and I would say you may have a case but there may be more to your dismissal than you have spoken about. You need to get a written copy of the exact reasons and then seek legal advice.
Go to a Citizenship information office. They will be able to help you and give you free advice!





All depends on your contract really, but what they did was unfair, especially since you were working there for so long.
The way you put it, it does seem unfair. I, too suspect that in fact there's more to it than just that.
Maybe they've given you that incentive you need to now start your own business.
Prolly not, I can fire someone for whatever reason I choose as long as it isn't biased by race or gender etc.
Which country are you in? Did the company hold a meeting with you? Did you get the chance to appeal?
Its not unfair behaviour if u used work time to do your work. Its called stealing . They pay u for your time. If its out of work hours and is not a threat to the competition of your employer then you have a case.


You can not sack someone based on race gender or religion, the above answer is correct but there are also managerial issues that come into play.


Were you counselled by managment about the issue and given written warnings to help you prevent the behaviour at hand.


Was a pattern of behaviour present and not a single act.


Sometimes race religion do not come into it but bad management and enforcement of policys that cause an unfair dismissal.


In your case i would go to the work tribunal in your area the way i see it what have u got to lose anyway u lost your job they cant take anything else.
talk to your local CAB, they will put in touch with a local employment law specialist/lawyer.. who will have a field day with this one.





%26gt; ';i asked a manager if it would be OK to look into a business opportunity and he said 'yes' so i went looking into it.';





You had the companies permission...he was their agent


(esp if it is not specific as to the level of manager)


That the manager did not have the authority to give it, is NOT your problem.





But do get your head around..some facts also (for yourself), that may turn out to be internal disciplinary issues, but ordinarily minor/local managerial ones. (but watch your back).





- did you use any company time or resources in developing this idea.


- was there any business conflict in your idea and ANYTHING the company does...


- an conflict or use of specific information/contacts that you meet and use in the normal execution of your job.





If there had been conflicts, even without permission, you should really only have expected to be requested to desist in the activities, and possibly hand them over to the company as being company derived product. (though again , contract and legal argument dependant, mostly companies get around this, by just buying the idea for a nominal small sum).





You need legal help, and a specialist in employment law.


go ask a local solicitor if you can;t get through to CAB.


AND start writing a diary/notebook of when/where/how and what was said to date, before you forget it (it may take some re-working time..as you keep remembering extra bits)


and everything that happens from now on.


- if you go to any meeting with the company or company person (even if it appears social/from the management) always take a witness


- Did the company follow their internal disciplinary process


- Did you have a witness of your own


- were you provided with copies (in advance) of the process, and procedure


if not,. can you get them now.. for your reference only.








You also need to think on two more things.


- why were they so keen to get rid of you (were they just looking for an excuse ?)


- would you really want to go back and work for them ?


or is this simply a case of HR jumping into what was an otherwise happy work environment ?


EDIT: why was your manager not behind you/defending you..


a suspicious part of me, suggests a setup..





You have the minimum 2 years full time employment, you are protected.


Go get them.. and whatever it is that you want.





Were you a member of any trade body/association or union,


can they offer support ?
Employment law isn't my area but that sounds like unfair dismissal. If you were required to get the managers permission you did that so you did nothing wrong. If you were required to get a particular managers permission then the other manager was negligent in saying you could. It is possible the court will hold that the contract should not operate to restrain trade in those circumstances. More likely you would have to pursue a claim for negligence against the company, who are vicariously liable for the negligence of the manager in telling you you would do this.