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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45348
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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there, I'm working as employee in a nursery school.

Resolved Question:

Hello there,
I'm working as employee in a nursery school. I also have my self employment status. I would like to start a dmall business for recruitment people for number of nurseries and schools. My question is am I able to continue working as employee and at the same time to have that recruitment business through my self employment status? Will this reflect to my employer company and my director?
Thank you!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does your employment contract say you cannot do that?
Customer:

As far as I know it doesn't say that I cannot do that. I just don't want to affect them.

Ben Jones :

How long have you worked there for?

Customer:

Since November in this nursery. But there are mother and son with different companies and I'm working in both...for some perioud of time. Now I will start in the old company again. So within the two companies I'm working from almost 2 years, since I came in UK. The contracts are changing every time when I'm changing the company, which is normal I suppose. There were some issues with me working there in the beginning because of the restrictions for bulgarians and that was the reason my first contract to be as self employed . Then when there were no restrictions from January 2014 I started as employee till October and in November I started again as a self employed in the other company for two months. Then back to employee from January till this month. It is a bit confusing but the thing is that I'm working within these two companies only and they are working together.

Ben Jones :

It is entirely possible to be employed as an employee and also have a self employment business on the side. Having that arrangement is not in itself illegal. However, you have t check your employment contract to see if there are any restrictions on what you can do whilst you re employed by that company. They may not want you to be engaged in another business whilst working for them. Similarly, even if there was no such restriction, if you were doing something which could affect your employer’s business, like lose them clients, or adversely affect them in any other way, you could be acting in breach of trust and confidence.

So the first thing is to check your contract, next consider whether these self employment activities can damage the employer’s business in any way and if in doubt – always declare this to the employer and get their permission before starting the other business. You need to be careful because you are not protected against unfair dismissal in the first 2 years of your employment so the employer can dismiss you for more or less any reason and if they do not like what you re ding on the side they can use that to dismiss you and you cannot challenge it. That is why it is best to be open and transparent with them and get the all clear before doing anything.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

Thank you so much for your advise. It was very helpful for me as I`m new here.

Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45348
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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