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  • FIRST POST
    • Fused
    • By Fused 7th Mar 18, 4:25 PM
    • 6Posts
    • 0Thanks
    Fused
    Employer annoyed about LinkedIn status
    • #1
    • 7th Mar 18, 4:25 PM
    Employer annoyed about LinkedIn status 7th Mar 18 at 4:25 PM
    Hi

    I'm hoping someone can help me. Back in 2016 I attended a weekend course for property investing.

    The person providing the training suggested a good way of networking with other property investors would be to update social media, to let our contacts know we were involved in property.

    I updated my linkedin profile to suggest this, although I didn't set up a business, it was purely for networking.

    My employer has now brought this to light, suggesting that I'm running a business without their knowledge. I have explained that I am not partaking in any business, I've not made any investments (due to finanacial reasons). They are saying they do not believe me, as my Linkedin status suggests I'm employed by them and another company.

    Are they able to use this information against me? I'm concerned I may lose my job because of this and I am totally innocent, all I did was add some information to Linkedin.
Page 2
    • jobbingmusician
    • By jobbingmusician 8th Mar 18, 9:16 PM
    • 19,163 Posts
    • 19,646 Thanks
    jobbingmusician
    My contract that I signed states I cannot have another business interest without their consent.
    Is this enforceable?
    Originally posted by lisyloo
    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).
    I'm the Board Guide on the Matched Betting; Referrers and Jobseeking & Training boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.

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    • Energize
    • By Energize 10th Mar 18, 1:02 PM
    • 444 Posts
    • 199 Thanks
    Energize
    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.
    Originally posted by anamenottaken
    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.

    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).
    Originally posted by jobbingmusician
    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.
    Last edited by Energize; 10-03-2018 at 9:37 PM.
    • jobbingmusician
    • By jobbingmusician 11th Mar 18, 10:40 PM
    • 19,163 Posts
    • 19,646 Thanks
    jobbingmusician
    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.
    Originally posted by Energize
    I agree with all this, but would point out that the OP's contract states that he should seek permission for any 2nd job.........
    I'm the Board Guide on the Matched Betting; Referrers and Jobseeking & Training boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.

    The good folk of the matched betting board are now (I hope!) supporting Macmillan, in memory of Fifigrace. Visit
    https://www.gofundme.com/running-the-leeds-10k-for-macmillan
    • lisyloo
    • By lisyloo 13th Mar 18, 12:55 PM
    • 21,877 Posts
    • 10,582 Thanks
    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
    • By Fused 14th Mar 18, 2:03 PM
    • 6 Posts
    • 0 Thanks
    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
    • By lisyloo 14th Mar 18, 3:11 PM
    • 21,877 Posts
    • 10,582 Thanks
    lisyloo
    How long have you been employed by this employer.
    This is critical to your employment rights and you haven't answered.
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