One off contract while in full time employment (Advice Please)

**NotAllThere** · 22 April 2011, 06:00

You could try sole trader. Or you could be taken on PAYE - there's no reason why you can't have more than one employer. As far as your current employer goes, you could try the "should" argument, and not inform them. If they don't find out, there's no problem.

If they do, then I think they would get annoyed, and even take disciplinary action against you. Then you might be arguing "should" with an employment tribunal judge.

Your choice, your risk.

**downsouth** · 22 April 2011, 07:26

if these 10hrs or so conflict with your core job hours at your present employer then i 'would' be discussing this

If its 10hrs or so in the evening, weekends then i'd not bother

**pmeswani** · 22 April 2011, 07:37

Originally posted by mnizi View Post

I have been approached by my previous employer to do some part time work for them on a short term contract. Probably about 10 hours a week for 3 - 4 months.

I am currently in full time employment so would just like some advice on the best way to go about it should I decide to do this. I presume I would need to register for Self Assessment? Would I need to register as a sole trader? Would I then just invoice them for the work I do?

I have checked my employment contract and it says that any outside work must not conflict with the companies interests. There is almost certainly no conflict of interest with the contract work, so I think this is ok. It also says I should inform my manager of any outside work. Does this mean I have to inform my manager or does it imply it is optional (it states should inform)?

I would appreciate your advice.

Thanks

Whilst I agree with the other 2 posters, my view is that even if you "should" inform your employer, I would inform inform them in any case. What you perceive as not being a conflict of interest, may differ from what your employer sees as a conflict of interest. There may be other parts of the business that are either working with the company you are looking to do part time work with or with one of their rivals.

I'm taking the side of erring on caution.

Regarding Self Assessment. My gut feel is that you should, especially as you are taking on multiple employments. If you take on the Self Employment or the Sole Trader Route, you will need to inform HMRC for the purposes of National Insurance and any other other relevant taxes.

I wish you luck.

**mnizi** · 22 April 2011, 08:22

Thanks for the advice. I think I will inform my manager although I am almost 100% certain there is no conflict of interest.

**BolshieBastard** · 22 April 2011, 08:40

Well despite what's been said here, the OP should check their contract of employment with their current employer.

It's likely there is a clause which prevents you having another job while working for them, be that due to a conflict of interest ie competitor, or, they just want your full devotion to them.

Personally, I wouldnt try and take on another job on the QT.

Check first and only if there's no clause would I consider proceeding. 10 hours a week for 3 or 4 months sound ok. but the reality can be different. What if your current employer needs you to work extra hours all of a sudden?

If you're already working 40 hours a week, another 10 means long days. What happens if the second job which is supposed to be 10 hours turns out to be 12 or 15 hours extra a week?

**VectraMan** · 22 April 2011, 09:17

I think you've got nothing to gain and everything to lose by informing them. For one thing, they might just tell you not to do it; almost anything could be covered by "conflict of interests" and then you're in a lot more trouble if you do. They might also say fine, and then quietly cross you off the list of people deserving of pay rises or promotions because of your lack of dedication.

Worst case is they find out, and use the fact you broke your contract to get rid of you. But if you're that unimportant to your employer that they're looking for reasons to get rid of you, your days are probably numbered anyway.

But obviously it's your risk. Don't expect me to help you out if you follow my advice and it goes wrong.

**Wanderer** · 22 April 2011, 09:49

Originally posted by VectraMan View Post

I think you've got nothing to gain and everything to lose by informing them.

I agree. It's easier to ask for forgiveness than it is to get permission. If you genuinely believe that your part time job will not interfere with your permie job then I can't see that there is any problem or permission to seek.

**pmeswani** · 22 April 2011, 10:00

Originally posted by Wanderer View Post

I agree. It's easier to ask for forgiveness than it is to get permission. If you genuinely believe that your part time job will not interfere with your permie job then I can't see that there is any problem or permission to seek.

How do you ask for forgiveness if you have been sacked for misconduct (i.e. being in breach of contract by taking on extra work which was ultimately a conflict of interest)? I personally think it is better to get permission, for the employer to say no and to lose the 2nd employment, than to take on the 2nd employment, for the main employer to find out and then sack the employee for misconduct.

I don't believe the OP will truly know if the work will be in conflict of interest, until they get permission.

Just a view.

**VectraMan** · 22 April 2011, 11:58

Originally posted by pmeswani View Post

I personally think it is better to get permission, for the employer to say no and to lose the 2nd employment, than to take on the 2nd employment, for the main employer to find out and then sack the employee for misconduct.

But that's like asking HMRC for their opinion on your IR35 status. Your employer has no reason at all to say yes, so all you're doing is sowing the seeds of doubt about your dedication and commitment to them.

One off contract while in full time employment (Advice Please)