Petrofac’s Contracting Controversy

A tribunal sides with a former Petrofac employee, highlighting issues with unfair dismissal and blocked freelance work opportunities.

Amelia Hartley
December 23, 2024
5 minutes

In a riveting turn of events, a recent employment tribunal in Scotland has brought to light significant injustices faced by Matthew Moore, a former condition monitoring specialist at Petrofac. Moore's claim of unfair dismissal resonated deeply, emphasizing the broader implications of employers' responsibilities towards their employees’ secondary employment opportunities. The tribunal’s ruling elucidates a critical breach of contract by Petrofac, underscoring the urgency for energy sector organizations to adopt fairer practices.

Tribunal's Resounding Verdict

The employment tribunal decisively found that Petrofac imposed unreasonable conditions on Moore's requests to engage in freelance consultancy work. This left him with no option but to resign, a situation that should stir concern within the sector. The tribunal stated emphatically that there was no conflict of interest surrounding Moore’s work, and that his designation of "Global Subject Matter Expert" did not inherently limit him to the realms of Data Science, AI, or Machine Learning—areas not outlined in his job description.

Key Points from the Ruling

  1. Unjust Denial of Rights: The tribunal articulated that Petrofac's refusal of Moore’s freelance request was unjustified, marking a critical lesson in recognizing employees’ rights to pursue additional work without undue hindrance.

  2. Salary Cut Dispute: While the company defended a 10% pay cut imposed during the pandemic, the tribunal dismissed the argument, reinforcing that such decisions must not compromise the contractual rights of employees.

  3. Whistleblower Allegations: Moore's claims of being terminated for whistleblowing were also dismissed, as the tribunal concluded the pursuit of this claim was not warranted in the public interest.

Broader Implications

For contractors and freelancers, this ruling serves as a vital reminder to understand the contractual engagements they enter into with employers. As highlighted by Employment Judge Nicol Hosie, Petrofac's unreasonable position regarding Moore's freelance efforts directly led to his resignation, painting a cautionary picture for potential disputes in the workplace.

Conclusion

The outcome of the case underscores a significant precedent regarding the treatment of employees and their rights to seek additional work. Employers are encouraged to prioritize transparency and fairness, creating environments where employees do not feel trapped or coerced to resign when pursuing legitimate additional work opportunities. The atmosphere of mistrust must be transformed into one of collaboration, respect, and acknowledgment of employees’ rights to earn a livelihood through diverse avenues. This tribunal ruling is not just a win for Moore; it is a push for systemic change within corporate practices across the sector, ensuring fair treatment and respect for all workers involved in a volatile industry.

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