Employee Advice / conflict of interest

[Rory RSC 596]

Looking for a bit of feedback on a situation I have at the moment.

I have currently said nothing and done nothing as to be honest unsure to a degree whether I have a right /reason to be put out.

Our mechanic, great hard working individual and a real asset to my team. 

We use 2 bodyshops. 1 of these bodyshops has been getting my mechanic to go in at evenings and weekends and do mechanical work, all cash in hand and working on bodyshop owners mates/contacts cars doing strictly cash jobs. 

Our mechanic is not turning our work down, and I would say probably treats us as priority number 1 ie if offered overtime with us and bodyshop at same time would do the job for us first.

My business is car sales and we have recently been pushing the service/repair side of things to the general public with view to increasing that. This has been communicated clearly and with involvement of our mechanic. 

Bodyshop is bodyshop activites and mechanical repairs to the public. Some cars get sold there ( cat c /d stuff). 3 miles from my site. 

I feel that the bodyshop has crossed a line in essence trying to poach my staff. I could quite easily have asked his staff to come and do jobs for me but out of respect for a business relationship would never do so. By the same token my local MOT centres have staff I could ask to come and do evening work for me when busy but out of respect for the owner and business relationship its not something I would do. Maybe I am wrong and its a free for all out there. Bodyshop owner previously got a bit upset with us when he realised we used another business not solely him despite him having absolutely no way of getting through any more work.

Couple of my concerns are this causes a rift in my team and complications for me as a business. One I see is that out of this situation I do not trust my bodyshop guy now and will have to look to find a new place to turn my cars around. 

My mechanic ends up burnt out as we already regularly put in a lot of hours in my place with early starts and late finishes. I then end up paying sick pay as he is overworked.

He ends up injured there and off sick do I end up paying for it. 

Lost a little trust and respect for my mechanic out of this situation to be honest. I think we all know mechanics will do foreigner jobs here and there for friends and family etc but working for another commercial organisation in a similar field does seem to be a conflict of interests to me. 

I currently pay well above industry average wage and mechanic working for me (22/23yr old) is on track to have taken around 30k this year from us. 

What would you do?

[Max Branning 149]

This can be a tough situation to be in especially if your mechanic is doing jobs in his own time so to speak, you cant really control this. Maybe just stop using this bodyshop and explain to your mechanic that it is a conflict if he continues to do work there on the side. If he is a loyal employee he should understand and stick with where he has a regular well paid job.

[Rory RSC 596]

Thanks max - problem I have is almost feel whichever angle I take I can't win.

If I stop using the bodyshop does that mean it stops being a conflict of interest?

It then means due to mechanics own personal activities my business does suffer as I have to find a new place, disruption etc.

[justina3 518]

Tricky situation, cant see what stopping using the body shop will gain you though, i have been in this situation many times with car audio engineers fitting alarms and radios, once i had to let a guy go because he was clearly taking customers from us, the others i have said look if you want to fit your mates radio on the weekend for a few cans so be it but the second it crosses the line with my work you have to decide where you want to work. 

We did have an engineer leave last year to go it alone and was back within 3 months so that helped me a bit as all the other guys took notice. 

 

 

[metcars 397]

Did your mechanic "square it up" with you before he started playing for the other team? If he's on your payroll then its not really ok. Has your mechanic got plans to set up on his own in the future and as such building his 'book' while you pay?

[bestprice4cash 20]

I don't employ anybody so I can't really comment on the legalities of the situation.  However from his perspective I guess he is just doing work in his free time to earn extra money and while I can understand your point of view I do struggle to see how you can stop him  unless you have some kind of clause about working for competitors in his employment contract? 

I see what you are saying about sick pay should he get tired or injured but then again he could give up the second job and take up marathon running or sky diving for a hobby and you would still be on the hook if he ended up off work sick. 

And from his perspective I guess he hasn't "taken" 30k from you he has earned it. 

I think I would have a quiet  and friendly word about it explaining your conflict of interest concerns and see how he responds. End of the day he is getting paid well by you in a full time job so he shouldn't want to shit on his own doorstep. If he doesn't respond appropriately I think you would be well advised to see what the legal position is regarding letting him go.  If your T&Cs of employment are as good as you say you will have no problem finding a replacement. 

 

 

Edited November 7, 2016 by bestprice4cash

[Rory RSC 596]

Ended up having a good chat and clearing the air on this situation. Everyone now knows where they stand.

and thanks for the input I wasn't sure if I was just being a silly little girl and moaning about it or if others would feel the same and I do my best to make fair and reasonable decisions wherever possible.