Reply to: Permie contract clause - no other work clause

[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.

[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.

[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.......

[Manic]

Living proof no one reads a thread properly.

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

[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...

[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.

[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)

[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.

[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....

[Drewster]

Yeah, but it is HR....

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

[blacjac]

Yeah, but it is HR....

[Drewster]

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

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

[blacjac]

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

[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]

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).