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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48156
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Jones: My 18 year old daughter, has a level 3 diploma in Childcare and since May

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For Ben Jones:
My 18 year old daughter, has a level 3 diploma in Childcare and since May 2015 when she finished at secondary scholl she has been employed as a nursery assistant in a local private nursery. She is employed on a zero hours contract and is paid the minimum wage, in common with the majority of the other employees. Recently the owner of the nursery has issued employees with a contract which contains a restriction on their ability to take up other employment in childcare should they leave her employment. There is also a contractual requirement that should they leave, they would be required to provide passwords for personal social media to enable the deletion of contact details for remaining staff. I fail to see how either of these conditions could be enforced in practise. Given that my daughter has in the past, though not currently,been offered as few as 8 hours employment in a week, how would an employer be able to place restraints on taking up other more reliable employmen
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is this a blanket restriction on any such work?
Customer: replied 1 year ago.
No it would last for six months after departure.
Customer: replied 1 year ago.
I'm interested to clarify the implications for her as an employee if she were to accept such terms or fail to challenge the restrictions that they seek to apply, and linked to this, what are the risks to her current employment should she actively decline the inclusion of such terms?
Expert:  Ben Jones replied 1 year ago.
But does the restriction cover ANY work in childcare, with anyone, anywhere?
Customer: replied 1 year ago.
I believe so.
Expert:  Ben Jones replied 1 year ago.
Whilst the restriction is for 6 months, which can be a reasonable period, preventing her from taking up any childcare work is highly likely to be seen as too wide and restrictive. They could try and prevent her from taking up work with their existing clients, which may result in a loss of business to them but stopping her from working anywhere, even if it does not affect them in any way, will almost certainly not stand up legally. Any restriction needs to be reasonable and only g as far as necessary in the circumstances and in this case it would be way too restrictive and wide to be enforced. In relation to the passwords, again that is very unlively to be enforced. They cannot force her to reveal her passwords – this is private information. She may have agreed to give them access, i.e. given them the details enabling them to access those but she can revoke that at any time. I really cannot see how they can force her to adhere to this – she can easily refuse to and if they disagree then all they can do is go to court, which I cannot see it happening, and especially I cannot see a court allowing this to be enforced. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
So just to clarify even if she were to sign a contract of this nature, in general these requirements could not in general be enforced. But what action is open to the employer if she actively refused to accept these inclusions.
Expert:  Ben Jones replied 1 year ago.
Yes, even if she signs them it does no mean they can enforce them and in the circumstances it would be quite difficult to do. If she refuses to sign them then they could go as far as dismissal - she needs 2 years service to be protected against unfair dismissal so they can sack her for more or less anything including refusal to sign. Hope this clarifies?
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