A consultancy contract

andreauk2009

Hi there,

I'm going to sign a contract of employment with a company. Before start the collaboration I've to wait for the two months notice, but the company asked to start working with them during my spare time.
So they have sent me a collaboration contract to perform some consultancy.

THe contract looks fine to me, but this is the first contract and I may be wrong. Is there anything I should have a look at specifically?

Many thanks
Andrea

Annisele

andreauk2009 wrote: »

Hi there,
Before start the collaboration I've to wait for the two months notice, but the company asked to start working with them during my spare time.

What do you mean by "the two months notice"? Are you on garden leave from your previous company?

andreauk2009

No, I'm not. I will be doing this consultancy few hours a week and during the night, when effectively I'm off duty the main job.

Any problem with this?

gb12345

andreauk2009 wrote: »

No, I'm not. I will be doing this consultancy few hours a week and during the night, when effectively I'm off duty the main job.

Any problem with this?

What does your current contract say about working for other companies while you are employed by them?

Also, how will you be paid for this consultancy work? You will probably have to register with HMRC as self-employed.

andreauk2009

I didn't check my current employment contract, but as a matter of fact shouldn't be an ultimate decision from the company who want to offer me the consultancy whether or not willing somebody?

I can't imagine my contract saying something in respect what I can do during my spare time, can it?
But ultimately, this collaboration is limited to a company we haven't ever work with and it is not a target of us at all. So I'm not infringing any non-competition agreement.

As for the HMRC, I bet I've to register as a self employed. This should be pretty straight forward as far as I can see.
Anything to pay attention during the registration?

colino

The main point isn't the simple act of declaring to HMRC that you are doing a bit of self-employment. More importantly are the potential caveats in your contract preventing you doing other work or work in an area that you may have no knowledge that your current employers have an interest in.
The consultancy, "contract" sounds an absolute crock, giving you a carrot of work that they can get a bit of expertise from you that they want now, and easily dispense with you.

gb12345

andreauk2009 wrote: »

I didn't check my current employment contract

I can't imagine my contract saying something in respect what I can do during my spare time, can it?

Perhaps you should check it as you may well find that it does indicate that you have to advise them of any other work that you undertake.

Particularly as there may be a conflict of interest (which you may not even be aware of).

andreauk2009

colino wrote: »

The main point isn't the simple act of declaring to HMRC that you are doing a bit of self-employment. More importantly are the potential caveats in your contract preventing you doing other work or work in an area that you may have no knowledge that your current employers have an interest in.

Will look for something in the existing contract.

colino wrote: »

The consultancy, "contract" sounds an absolute crock, giving you a carrot of work that they can get a bit of expertise from you that they want now, and easily dispense with you.

Well, as a matter of fact I will be doing something I will in any case responsible for in 2 months time when I will join the new office.
It was just a way to cut a long process short, and make sure I / my new colleagues was having something to work with in the meantime to stop the rot.

andreauk2009

gb12345 wrote: »

Perhaps you should check it as you may well find that it does indicate that you have to advise them of any other work that you undertake.

Uhmm, just thinking to some other colleagues that seems they did go for something similar without bothering themselves too much.

Justicia

andreauk2009 wrote: »

Uhmm, just thinking to some other colleagues that seems they did go for something similar without bothering themselves too much.

That is not totally relevant to the contract that you may have with your current employer...

somethingcorporate

It's fairly common for you to have clauses about what other work you can and cannot take on in your spare time so do check carefully.