Can I also be self-employed on this contract?

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immuno
immuno Posts: 240 Forumite
in Employment, jobseeking & training
Hi everyone,

My contract says the following "you must not, except with our prior written consent (not to be unreasonably withheld) be engaged or interested in any other business, trade, profession or occupation whatsoever."

Does this mean I can't be a self-employed contractor working for Leapforce or Lionbridge?

Thanks!
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  • ReadingTim
    ReadingTim Posts: 3,970 Forumite
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    No, you can, but you must write and ask permission first, and they must write back and give it. Permission won't be unreasonably withheld, which means they won't say no, unless there's a good reason - for example that you're working for a competitor, or setting up a business in a related field, and would be competition for them.
  • immuno
    immuno Posts: 240 Forumite
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    ReadingTim wrote: »
    No, you can, but you must write and ask permission first, and they must write back and give it. Permission won't be unreasonably withheld, which means they won't say no, unless there's a good reason - for example that you're working for a competitor, or setting up a business in a related field, and would be competition for them.

    Thanks. Mm so I'd still need permission even if I'm self-employed? I can't really ask them as they'll worry that it'll distract me from my duties and they've made it clear that I can't do extra work!
  • Pennywise
    Pennywise Posts: 13,468 Forumite
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    immuno wrote: »
    so I'd still need permission even if I'm self-employed?

    Self employment means being in business so yes, you would still need permission.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    immuno wrote: »
    Thanks. Mm so I'd still need permission even if I'm self-employed? I can't really ask them as they'll worry that it'll distract me from my duties and they've made it clear that I can't do extra work!

    That is unreasonable refusal.

    If the contract is variable hours that can be zero(not just zero hours) then you can legally ignore that term in the contract.

    Why would they think it distracts from your duties.

    They have some obligations to check you don't overwork or engage in any conflicts of interest but generally doing other work should never be an issue.
  • Sarastro
    Sarastro Posts: 400 Forumite
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    This is a helpful article.
    http://www.jobsite.co.uk/worklife/beware-restrictive-covenants-contract-employment-restrict-options-move-jobs-10827/
    I'm struggling to see what their justification would be for the restriction - and that's quite key. If they refuse permission for you to work elsewhere and then fail to give you sufficient hours to survive, that's a constructive dismissal case, so it's not really in their interest to enforce it. I think it's probably badly worded. I'd test the water. Ask them if they would refuse permission in principle before you make an application to work elsewhere. If they say no, fine. If they say yes, ask for a minimum number of hours a week.
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  • steampowered
    steampowered Posts: 6,176 Forumite
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    Technically, the best thing would be to get their consent. But to be honest I struggle to see how they could enforce that clause even if you did breach it.

    In reality, would they find out about your self-employment?

    Even if they did find out, would they care?

    And would they even remember that there is a clause in your employment contract about this?

    If the answer to any of those questions is 'no', I'd be tempted to just go ahead without bothering to get consent.
  • immuno
    immuno Posts: 240 Forumite
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    steampowered wrote: »
    Technically, the best thing would be to get their consent. But to be honest I struggle to see how they could enforce that clause even if you did breach it.

    In reality, would they find out about your self-employment?

    Even if they did find out, would they care?

    And would they even remember that there is a clause in your employment contract about this?

    If the answer to any of those questions is 'no', I'd be tempted to just go ahead without bothering to get consent.

    Mm yeah, I'm wondering how they could find out? Would the accounts person find out via tax codes, etc? There's only 20 of us in the company, so it's pretty intimate.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    immuno wrote: »
    Mm yeah, I'm wondering how they could find out? Would the accounts person find out via tax codes, etc? There's only 20 of us in the company, so it's pretty intimate.
    The tax code could be different due to investments or rent, or any other type of income
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    Comms69 wrote: »
    The tax code could be different due to investments or rent, or any other type of income

    The OP would need permission to do a letting business.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    getmore4less wrote: »
    The OP would need permission to do a letting business.



    Yes I suppose that could be true. I'm not convinced 100% as it's an investment no different to owning stocks, shares or whatever else.


    But in any case, the tax code wouldn't give that away
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