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Thread: Conflict of interest

  1. #1

    Default Conflict of interest

    We have recently employed a part-time Marketing Assistant who also works at an Awarding Body of a training course which our company runs. (Training is not the primary function of our business.)

    In part, the decision to hire this individual was based on the fact that she has very relevant experience and understanding of the functions of our business, because of her work with the Awarding Body.

    The Awarding Body have now asked us to issue a statement confirming that we will not ask our employee to undertake any duties which may be construed as a conflict of interest.

    While I realise we cannot (and would not) ask her to provide us with any "insider information" to do with running the training, it is true that we will ask her to draw on her experience to help us to fully market the course in the most effective way.

    The Awarding Body does not run it's own courses, it has various centers running courses on its behalf across the country (us being one of them).

    Is this a conflict of interest?

  2. #2

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    Do they train what you are hiring her to do also? And has she signed anything with them stating she is limiting to what she can do outside of the business? If both of those are no's then from the details you provided it seems like it would not be. If either of those are yes, then there is a chance that there may be some sort of conflict of interest on her part where she or you may cross that line.

    Typically as long as she is not doing work for you using their tools and techniques, or using their business model as an advantage for you it is generally not a direct violation of conflict of interest. There are always exceptions to the rules tho.

    Not sure if that helps at all.
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    HTTP://www.fullcirclebusinessconsulting.com

  3. #3
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    I can see where the Awarding Body is concerned that there could be a conflict of interest, but I don't think there has to be. Are there specific things they're concerned with requiring the statement they'd like you to make. Just saying you won't ask the new employee to do anything that would be construed as a conflict of interest is a pretty general statement. Specifics from the both sides might be better.

    People do move from company to company all the time and many are hired specifically because of the information they learned at the first company. Unless this person signed something with the Awarding Body they really can share any information they or you want. However since you do have a relationship with the Awarding Body you probably aren't looking to end that relationship so working something out with them is probably a good course to take.

    I'd ask for specifics about what they're concerned about in order to make it as clear as possible where they think there are potential conflicts of interests. I can see how there could be some, but there doesn't have to be.
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  4. #4

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    Usually companies have their employees sign non-compete statements to protect them from this. I know I've signed a couple that state that I will not hire any of their employees or take any of their clients for a year after I have left them. Unless the employee signed something, I don't think Awarding Body can prevent her from using her skills and experience that she learned while working for them for your company or any other company.
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  5. #5
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    I agree. It doesn't sound like they can legally stop anything. However, since you'd like to keep the Awarding Body as a client it's probably best to work with them instead of against them.
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