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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am currently working full time as an office manager. I have

Resolved Question:

I am currently working full time as an office manager. I have been given the opportunity to get involved with a new company part time as a 5% shareholder and director and undertake work for them in my spare time. In my contract it says the following:

not directly or indirectly carry on or be engaged in any activity or business that is or is intended to be in competition with the business of the Employer, but shall not be precluded from holding or being otherwise interested in any shares or other securities of any company that is for the time being quoted on any recognised stock exchange or dealt on the Alternative Investment Market, provided that the interest of the Employee in such shares or other securities does not extend to more than 5% of the total amount of such shares or securities;

This is a new contract which has been set up by our employment lawyer but hasnt actually been issued or signed yet.

What are my options
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

Is the new company a competitor of the current one?

Customer:

no not in any way - totally different products being sold in the new business. It will become a mail order company like the one I work in but not selling anything like

Ben Jones :

It does not appear that this contract is going to stop you from taking up this new appointment. The restriction only really deals with you acting in competition with the current employer, it does not prevent you from having other business interests altogether. As long as the new venture is not acting in competition with the current employer's business and your performance at work is not affected as a result (i.e. you are not distracted by this and still give 100% to the current company as expected), then it should not be a problem. Also if you disagree with the clause and this is a new contract which has only recently been issued to you, you can refuse to accept it and make it clear that you are not accepting it

Customer:

It hasn't yet been issued to me - I deal with contracts for the company in conjunction with the Solicitor so obviously I have access to them. The new contracts have not been issued to any employee. and this clause is not in my original contract that I signed over 6 and half years ago.

Ben Jones :

it would amount to a change to your contract so you do not have to accept it. If you agree with the rest of the contract but do not like this specific clause you can advise the employer in writing that you refuse to accept the specific clause and that you do not wish to be bound by it, but as mentioned it should not affect your plans in these circumstances

Customer:

Ok thank you very much. This really helps

Ben Jones :

you are most welcome

Customer:

How can I access you answers again - or should I copy them into a document and save them

Ben Jones :

they should be saved on this site for when you come back but you can always print them now or just copy and paste them in a separate document

Customer:

thanks again - I will provide my excellent rating.

Ben Jones :

many thanks

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