Permie contract clause - no other work clause

[blacjac]

I know all permie contracts have these clauses, however the hiring manager knows I am a contractor with my own Ltd, and I do freelance web work.

Obviously this has not filtered down to HR. Question is, do I kick up a fuss and ask for the clause removed, or do I just keep shtum and worry about it if they ever kick up a fuss....?

During the course of your employment, you shall not (except as the owner of share of other securities quoted or dealt with on a recognised stock exchange) without written consent of the Board (such consent not to be unreasonably withheld), directly or indirectly be engaged or interested in any other business or occupation than that of the company.

[Drewster]

such consent not to be unreasonably withheld

No - You use the clause as written...... EMail your Boss confirming its OK.... sorted!

[blacjac]

it's the 'by the board' bit that concernes me, it's a large company and why would the board give a toss about replying to little old me?

It just smells like HR bollocks to me, I can't see the board of directors giving consent for stuff like this to every tom dick or harry.

Don't want to rock the boat too much before I start, warchest ran out 2 months ago (hence the permie role).

[Drewster]

it's the 'by the board' bit that concernes me, it's a large company and why would the board give a toss about replying to little old me?

It just smells like HR bollocks to me, I can't see the board of directors giving consent for stuff like this to every tom dick or harry.

Don't want to rock the boat too much before I start, warchest ran out 2 months ago (hence the permie role).

Mmmmmmm I see your quandry....... still stick the "confirmation" to your boss deep within the EMail and don't mention it....... then if they ever pick up (doubtful) you are still awaiting confirmation.....

[blacjac]

Done that, he spotted it and has refered it to HR who are going to investigate.....

[Drewster]

Done that, he spotted it and has refered it to HR who are going to investigate.....

- Remember "cannot reasonably be withheld"..... ATB

[blacjac]

Yeah, but it is HR....

[Drewster]

Yeah, but it is HR....

Oh! Tulip.........

[blacjac]

Sure it will be fine, I have delt with the HR guy about a few other things and he seems to know what he is doing....

[Hex]

During the course of your employment, you shall not (except as the owner of share of other securities quoted or dealt with on a recognised stock exchange) without written consent of the Board (such consent not to be unreasonably withheld), directly or indirectly be engaged or interested in any other business or occupation than that of the company.

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.