Taken a second job but worried about main employer

missduckky

So I've gotten myself into a bit of a pickle and looking for some advice. I relocated with my husband out of London about 7 months ago, changed jobs and industry along the way and I absolutely love my new role. It's a small family company and my boss is brilliant. The only snag is that my partner and I are trying to get together the last of our deposit money for a house which is exciting, but having started again in a new industry and taken a pay cut from doing so and combined with moving out of London, I'm not quite managing to put away as much money at the moment as I'd like.

Out of the blue a few weeks ago, my previous employer (based in a different city and a completely different industry/role) approached me and asked if I'd be interested in doing bit of freelance work for them on my weekends or evenings as I see fit. My previous salary was higher than my current one (being based in London) and so the hourly rate they've offered is excellent. The work does not in any way conflict with my current role either geographically or in terms of industry/job role and is easy work. I didn't really think twice (after all Christmas is coming up and as I said, looking to get the last few 1000s together for a deposit) and said YES, send work my way and this week, started merrily doing a few hours work here and there in my own time.

I didn't think to ask permission or talk to my main boss. I really believe that your money and your income is your own private business and so haven't really spoken to anyone other than my husband about taking the extra work. It's really quite easy work that I can do whilst watching TV on the sofa in my spare time and so doesn't impact on energy levels or commitment to main job (unlike a bar job for example). However by chance, I was looking at something else in my current contact and handbook, and discovered a clause preventing me from being involved/working with other businesses without permission! I know this was naive but I just hadn't considered this at all.

So my problem is, I've already started this extra work and so have already broken contract. I have a great relationship with my main boss but if I ask permission now, I'm 50/50 on what he might say. I'm sure he wouldn't dismiss me because of current staff problems and I'm the only one managing both marketing and sales. He would however be disappointed that I haven't asked for overtime or be concerned that this would distract from my job. I'm not sure that he'd understand that I see this additional work as relatively easy/relaxing whereas taking on extra hours from my main job would feel draining.

Doing this extra work for a short period of time will get me where I need to be in terms of our house deposit goals and so I'm scared to ask permission now incase it back fires and he says no. Equally if my boss finds out that I haven't told him, I'm sure as I said above I wouldn't be sacked, but it would impact on our working relationship and trust. I'm also already now in breech of contact so overall, not a great position!

Therefore, my three questions are:
1. Is there a way that my main employer can find out (either from HMRC or my tax code) that I've got another income source? From research it looks like my main job should be: 1250L and my second job on BR... so as long as it's all set up properly, can my employer actually find out? I have actually realised this evening that my tax code has somehow been changed in the last three months from 1250L to an emergency tax. I can't understand why that has happened as I haven't received any other monies yet so I've got to speak to HMRC and presumably, my employer will see my tax code is changing regardless.

2. Are clauses like the above actually legal and enforceable? As I said I'm fairly sure I wouldn't be sacked if it came out and wouldn't come to this, but could it be deemed unnecessarily restrictive?

3. In my position would you just be honest and hope for the best in terms of asking and receiving permission? I don't like being dishonest and generally would always say to others that honesty is best policy. I am just quite private about money and don't feel comfortable having the conversation.

Any tax or legal buffs who know the answers to questions 1 and 2 would be amazing! Also any advice on if I should be honest or keep this private from others in the same situation would be really helpful. I'm just not sure what to do.

shortcrust

Technically each employer should know about the other employment because each is responsible for ensuing your total working hours adhere to working time regulations. So you can’t argue it’s none of their business. The contract clause is legal and enforceable, but your employer’s concern is probably limited to conflicts of interest and impact on your ability to do your job. I doubt an employer is going to care about a few hours here and there that you do from home in an unrelated field, but they might. And I doubt your employer would find out if you didn’t tell them, but they might.

I’d tell them, but then I’ve been lucky in having reasonable and easy going bosses.

engineer_amy

Our contracts have the exact same clause, however in practice, we have had a number of employees take on second part time jobs. some have asked permission and its all been approved with no issue. some haven't asked, and we have heard through the grapevine that they have a second job. we haven't taken any action against these un-approved jobs, but we do note all absence/timekeeping issues or any performance related issues that may be caused by having a second job and if we think they are related, then it is raised with the individual employee.


most tends to be bar/catering or retail work so completely unrelated to our line of business

Mistral001

Small businesses will be particularly sensitive to this matter. They will see it as a matter of trust to be informed about this other work. It will be up to them, not you, to judge whether it will impact on your work.

As has been said an employer will have a responsibility to ensure that you are not coming in tired so as to void accidents happening when you are at work, so not telling them could put them in a difficult situation legally should you have an accident at work.

Dazed_and_confused

The original post is confusing.

The op refers to tax codes on a second job etc but said this near the beginning of the post.

Out of the blue a few weeks ago, my previous employer (based in a different city and a completely different industry/role) approached me and asked if I'd be interested in doing bit of freelance work for them

It's unclear if the op actually has a new job or has started her own business?

gettingtheresometime

Dazed_and_confused wrote: »

The original post is confusing.

The op refers to tax codes on a second job etc but said this near the beginning of the post.



It's unclear if the op actually has a new job or has started her own business?

I read it is as the 2nd job was on an as & when basis

getmore4less

gettingtheresometime wrote: »

I read it is as the 2nd job was on an as & when basis

Can still be PAYE.
Probably worth the OP clarifying how they will be paid.

phill99

In all of my previous employed roles, there has been a contract clause seeking permission for 2nd jobs. I as in the Army Reserves for years and declared this at interview on both my last jobs and this was never an issue. I also did distance tutoring for a University in my last job and declared this in my last role. This was approved also.


The big issue is conflict of interest. If you have second role in the same industry or with a similar client base it could do cause problems for your main employer. If your second role is outside of your current industry etc, it shouldn't be an issue.


But the clause is enforceable and could lead to dismissal if a conflict of interest is seen.


So you need to have the conversation with your boss. If you don't and he finds out, it becomes an issue of trust and may sour your working relationship. Then there are no winners.

General_Grant

shortcrust wrote: »

Technically each employer should know about the other employment because each is responsible for ensuing your total working hours adhere to working time regulations. So you can’t argue it’s none of their business. The contract clause is legal and enforceable, but your employer’s concern is probably limited to conflicts of interest and impact on your ability to do your job. I doubt an employer is going to care about a few hours here and there that you do from home in an unrelated field, but they might. And I doubt your employer would find out if you didn’t tell them, but they might.

I’d tell them, but then I’ve been lucky in having reasonable and easy going bosses.

But if the OP signs out of the WTD regarding maximum hours, there is then no need to track adherence. In fact this makes life much easier than each employer having to keep records on each employee to be able to prove they were compliant.

Smodlet

Whilst, in principle, I recommend honesty in practice I recommend looking after number 1. If your extra-curricular activities really have no impact on your main job, what harm are you doing?

I have to wonder what effective work you can possibly do whilst watching TV but that is between you and your former employer.

In a nutshell, employers get everything their own way; why should they?