Can employer sack me if........

lincsdan86

I offer to complete tax returns etc in my own time on a self employed basis?

There is a note in my contact that says that I can not offer services offered by the company but IMO the people that would come to me wouldnt go to my employer as I live in a village and only "locals" know I do this work and my employer is 20 miles away.

But anyway, is this a breach of my right to earn a living or something similar, I know a number of us had the same issue at a previous employer but just in case something has changed since.

Thanks very much

Judas

I would think that yes they could dismiss for this.

You have a clause not to offer the same services in the same area for a reason; and this reason is these people would otherwise possibly be clients of the company.

If there is any suggestion you have "stolen" these clients then they would almost certainly dismiss.

Restriction of employment clauses need to be reasonable; expecting employees not to do the same business in their free time in the same area is pretty reasonable.

lincsdan86

Ok, expanding on my original question,

I work for an financial advisors and I do their clients tax returns, this is the bulk of the clients that I do work for the others have some connect to these clients, family members etc. so it is unreasonable for me to do work for anyone else because of this?

Also do you mean geographical area? If so I find it hard to believe people would travel to my employer for this service, esp as there is a large city which is closer. So even if there is the slightest chance that these people may have gone to my employer it would be seen as stealing a client???

Uncertain

With such a clause in your contract I would be very careful indeed.

Even if you somehow establish that you have a right to work privately for these clients you may find your employer still doesn't like it and dismisses you.

You could easily find that even if you managed to win at a tribunal your compensation was reduced, perhaps even to zero.

It could also be that you employer doesn't really care in this situation but may use it as an excuse if they had other concerns about your work.

Have you considered approaching your employer to discuss the matter. Perhaps if you were asked to do the accounts for a small charity or non profit club this could be a way of raising the issue?

whitewing

People will travel further for a company with a good reputation. I know this as I do. I also like to keep my finances away from the local area.

If I had a relative working for a company, then I may go to the relative. But to be honest I would be uncomfortable about paying a company whose employees did some on the side as I'd always wonder if they were paying mine the full attention or if they were cramming extras in in work time.

Why can't you manage on the salary you get paid? (Being blunt here, but I would wonder, so it would possibly reflect badly on you - can't manage money - or your employer - treating you badly???)

ACAS can give you some advice. Are you actually in disciplinary proceedings at the moment?

Judas

lincsdan86 wrote: »

Ok, expanding on my original question,

I work for an financial advisors and I do their clients tax returns, this is the bulk of the clients that I do work for the others have some connect to these clients, family members etc. so it is unreasonable for me to do work for anyone else because of this?

Also do you mean geographical area? If so I find it hard to believe people would travel to my employer for this service, esp as there is a large city which is closer. So even if there is the slightest chance that these people may have gone to my employer it would be seen as stealing a client???

If I am reading this correctly and it is hard to read.

You are offering your employers current clients tax services indepdent of your employer.

If yes then I would be amazed if you didnt face serious discliplinary outcomes and quite likely dismissal.

Even if it isnt current clients and just locals you are still offering services of a nature similar to your employers.

As for the rest irrelevent.

lincsdan86

Try again,

No I do not offer work to clients of my employer independently,

The people who have asked me are people I know from the villages through conversations down the pub at the weekends, friends and my MIL, who I do her partners tax return and have for a while now.

And no I'd work independently whilst at work, (if that makes sense)

Nope not in disciplinary proceedings or anything like that. I have just been asked to consider some work, thats all, to be frank I do not want my friends to bring their work to my employer as their fees are a little high, and no it is not to pay my huge wages, as I do not have a huge salary lol

-BA-

If you feel the need to ask here and not directly approach your employer to ask their permission, I think you already know the answer.

whitewing

Oh dear! Perhaps your employer's fees are too high because they are insured against things going wrong with clients' paperwork?

I think you need to be careful and I agree that if you can't ask your employer then you know you shouldn't so it. (Reword your comments if you do ask, lol!)

ESKIMO

Depends on the exact details and specifics of you contract.

Firstly, have a re-read of it again to familiarise yourself with the standard business practices, clauses, Tc&Cs.

From what you have mentioned so far in theory you could still 'practice' in your spare time as long as your not 'touting for business' in the immediate local area.

Eg. Plasterer works for large multi-national company, he lives in the midlands, commutes to and from say... London (he's working on the 2012 London Olympics ;p) and in his 'spare' time (back at home) he knows a few people who need some walls rendering. A relative, friend of the family, friend of a friend. Takes a bit on the side in the form of an additional disposable income.

As long as he decares it to the Tax Man (which he should) then there's nout wrong.

If it's your trade at the end of the day, not much can stop you (other than what you signed in your contract).

Re-read it.

SarEl

lincsdan86 wrote: »

Try again,

Alternatively you could try spitting out the question and not playing games with people here who are trying to help you.