Permie contract clause - no other work clause

[Zippy]

It's the word "employment" in "During the course of your employment ..." that I'd be worried about if you are a contractor. They are not employing you and if you sign a contract that says you are then you are likely to be deep inside IR35.

It's a permie role but he wants to do freelance work on the side. I'd be tempted not to ask permission and - assuming you won't be in competition with the company - it's unlikely to be a problem (or they won't find out)

[malvolio]

It's the word "employment" in "During the course of your employment ..." that I'd be worried about if you are a contractor. They are not employing you and if you sign a contract that says you are then you are likely to be deep inside IR35.

Yep, I agree. You are not employed, you are a supplier (in efffect). If you really want to wind them up, point out that the clause effectively stops you working for them, since you won't be allowed to operate the company that is supplying your services...

Either get it struck out, or failing that reworded into a more realistic non-competition clause.

[thunderlizard]

It's the word "employment" in "During the course of your employment ..." that I'd be worried about if you are a contractor. They are not employing you and if you sign a contract that says you are then you are likely to be deep inside IR35.

chaps...the clue is in the thread title...

[Manic]

Living proof no one reads a thread properly.

*****He is a permie, and wants to do some moonlighting.******

[blacjac]

It's the word "employment" in "During the course of your employment ..." that I'd be worried about if you are a contractor. They are not employing you and if you sign a contract that says you are then you are likely to be deep inside IR35.

*Ahem*

Read the title again.......

[swamp]

You've done the wrong thing by asking them.

You should keep quiet. What's the worse that can happen? They sack you? Sounds like you want out of there anyway, if you're continuing to contract on the side.

[JoJoGabor]

They'll never know. I started a permie position where my contract said, cant be engaged in other work or be a director of a company in the contract. I had to go through full vetting where I answered yes to "Are you a director of a company" and nobody mentioned a thing. I think they'll only pick up on it if you start taking the mick and start doing work on the side during office hours, answering your phone etc. Most clauses are there to protect the company if you take things too far, they dont actually mean to restrict every single employee from certain activities. I have seen a contract saying you cant take more than 2 weeks holiday, yet it was only enforced when somebody tried to take a 3 week holiday during a major release of work.