coleedgar57
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hi, was just thinking asking if anybody knows what type of electrical jobs apprentices can do on when they are not at work or college and i dont mean anything major like no rewires or anything like that thanks.
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also.... nothing that would affect your employer in any way,,, or you might find yourself unemployed
And if you do SE work you will need to tell HMRC, your insurance company, gave your own test kit and PL insurance
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Yes the hmrc and PL insurance will discourage the occasional home office job. You have to have enough self employed work to make it worthwhile.
Also check the terms and conditions of employment. One previous employer I had would not even allow you to "advertise" your services privately while in their employment. That didn't stop me though, but if they had found out they could have dismissed me.
Also check the terms and conditions of employment. One previous employer I had would not even allow you to "advertise" your services privately while in their employment. That didn't stop me though, but if they had found out they could have dismissed me.
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wash cars, serve pints, cut grass.... etc etc
We have a clause that prevents working for any competitor or client for 2 years after employment ceases.
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And what will they do if you break that clause? Sack you? Oh you have already left.
I had one employment that said I needed to give 3 months notice to quit. I gave them 1 months notice. My boss went berserk saying you can't do that, your contract says.... I said well sack me for breach of contract then and left after 1 month.
Thats an illegal clause,,, you cannot stop someone making a living doing the only job they know
Of course it is not. It is very common and is there to stop employees bypassing employers to work direct for the client. Very common.
Sharpend
"It Just Is"
Now just remind me how your business started????
IIRC you posted it on an internet forum!
I think that you would have great difficulty in enforcing that clause.
Personally I would run it past ACAS or an employment lawyer before trying to enforce it.
Especially if the employee you decided to use it against was in a trade union.
I have never worked for a company PAYE between finishing as an apprentice and starting as a Director so being a sub-contractor I was free to do as I wished. Plus the company I had been sub-contracting for had side-lined me for being one of the high earners when 2008 struck. So when you get a phone call from a big company asking to work for them and you are a self-employed and sitting on the sofa at midday on a Friday I feel that is fair game.IIRC you posted it on an internet forum!
I think that you would have great difficulty in enforcing that clause.
Personally I would run it past ACAS or an employment lawyer before trying to enforce it.
Especially if the employee you decided to use it against was in a trade union.
I employ all my guys (except one) for many reasons. To protect my business is one of them.
The clause in the contracts is called a 'restrictive convent' and is very common and very enforceable. It has to have a time limit (eg - 1 year after leaving) and cannot stop someone working in their industry. Only for clients that the company you have left have also as clients.
LOL, my brother had this clause in a contract and left the company.... He took legal advice on this very clause and was told by a barrister that it was illegal and wouldn't stand up in court.
However.... he worked for a very large publishing company and was also told that it wasn't worth fighting as the company would probably bankrupt him with legal fees before it got anywhere near court.
I don't believe that it is enforceable if the person goes from PAYE employee to PAYE emploee.
IF, they start a company up, or work direct, then yes that is correct.
However, if they simply move from one company to another that has the same clients then unless they move as a "controlling mind" to the new company you'll have an issue I believe.
BTW, my opinion is based on information given to me some years ago when I was employing by legitimate legal sources on the contracts that we were drafting at the time.
The law may have changed, and the comments are based on the information I was given by others, not my own conjecture, but, the advice is going on for 10 years old now.
IF, they start a company up, or work direct, then yes that is correct.
However, if they simply move from one company to another that has the same clients then unless they move as a "controlling mind" to the new company you'll have an issue I believe.
BTW, my opinion is based on information given to me some years ago when I was employing by legitimate legal sources on the contracts that we were drafting at the time.
The law may have changed, and the comments are based on the information I was given by others, not my own conjecture, but, the advice is going on for 10 years old now.
Hence my comment about union membership, the unions have deep pockets when it comes to employment law fights.
...and his was open ended as the market he works in is quite small, so if he left he could only work for, or become, a competing company... all touting for contracts off the same companies
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