Employer annoyed about LinkedIn status

Energize

anamenottaken wrote: »

But the employer in this case thinks there is another employer, that is not "out of work", it is work but with a different employer. They do need to know because, if their employee has not signed a 48-our opt out, the employer needs to know they are not working in excess of the 48-hour average.

OP states that employer is accusing them of running their own business and refuses to believe them.

This is not a case of legitimate concern about complying with the working time directive, otherwise they would simply ask the OP to sign an opt out.

jobbingmusician wrote: »

I think the general HR/legal view is that this ISN'T enforceable. The recommended wording is something like 'without our consent, which shall not be unreasonably withheld'. That IS enforceable.

It's also necessarily implied by your contract that you should ask them if you want to have another business interest. That is also enforceable. And that is what is upsetting them, I think. Not necessarily that you have another business interest (and it is a reasonable conclusion of theirs, from your LI profile, that you do, even though in fact you do not) but that you haven't asked their consent for this.

I would think your best way forward would be to explain that your LI profile is for networking opportunities, for when you can buy a second property, and is not related to work or employment in any way (assuming that I have understood your posts correctly).

Having a contract with a business does not imply you have no other business interests in your life, you have an agreement to provide them with services for a price, that does not preclude conducting other business ventures, there is no requirement to seek anyone's consent to earn a living, that is long established in case law.

jobbingmusician

Energize wrote: »

Having a contract with a business does not imply you have no other business interests in your life, you have an agreement to provide them with services for a price, that does not preclude conducting other business ventures, there is no requirement to seek anyone's consent to earn a living, that is long established in case law.

I agree with all this, but would point out that the OP's contract states that he should seek permission for any 2nd job.........

lisyloo

but would point out that the OP's contract states that he should seek permission for any 2nd job.

Which post number did the OP say that? (apologies if I missed it).
What exactly did it say? - For example not being an employee does not stop you being a director or investor.

Fused

I do not have a 2nd job though. I simply attended a property investment course in the interest of private investment in property for the future.

lisyloo

How long have you been employed by this employer.
This is critical to your employment rights and you haven't answered.