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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 6305
Experience:  10 Years of experience in Employment Law and HR
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Hi Jenny, I have recently had my contracted ended after

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Hi Jenny,

I have recently had my contracted ended after 6.5 years with my employer. They gave the reason as 'redundancy termination' but they didn't follow any of the correct procedures for redundancy and the role still even exists today. I've taken legal advice and been advised that I have a very strong case for unfair dismissal which, following my 'appeal' meeting with one of the director's tomorrow, I will pursue.

The issue hanging over my head is that I have advised during the past 12 months (not been employed by) in a rival start-up which is not yet trading. I'm concerned that if my ex-employer finds proof of this somehow, my claim for unfair dismissal could be null and voided due to 'retrospective' breach of contract as I have the following clause in the contract I signed when I started:

You shall not during your employment directly or indirectly, either on your own account or as a partner or as an agent, employee, officer, director, consultant or shareholder of any Company or any other entity or member of any firm or otherwise, engage in or undertake any business trade or occupation which is or may be in competition with that of the business without the prior written consent of X.

They may raise this at my appeal meeting tomorrow. Can you please advise how serious this may be?

Thank you so much
Hello and welcome to Just Answer, when did your employment end?
Customer: replied 3 years ago.

9 days ago.

Sorry for the delay is the employer likely to suffer a financial loss as a result of your actions?
Customer: replied 3 years ago.

Unlikely and very hard to quantfiy to be honest. I wasn't in the most senior position at the organisation.

Ok the fact that you have potentially breached the contract by doing this has no impact on your ability to claim unfair dismissal. It has no relevance retrospectively to the manner of your dismissal and an employment tribunal will not be interested in the fact.

The only possible action they could take would be to sue you in breach of contract separately from the employment tribunal claim. They can only do this if they can demonstrate a loss is suffered. If they cannot do so then they will not taka action as it is very costly to raise such a claim.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give my answer a positive rating. Thank you and all the best.
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