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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48474
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My work contract which was imposed on us in the end by

Customer Question

My work contract which was imposed on us in the end by government ,states that we have to ask for permission to take on paid or unpaid work ,when on our time off?,
Surely this is against our human rights of what we can and can't do in my spare time ,so long as I'm paying my tax etc ?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What are you planning on doing outside of your current work?

Customer: replied 1 year ago.
Actor /stuntperformer and occasional window cleaning g
Customer: replied 1 year ago.
Always in my own days off pay my own tax
Expert:  Ben Jones replied 1 year ago.

This is not uncommon and it is known as ‘moonlighting’. It is actually perfectly legal for an employer to have a clause requiring their consent before you take up other employment, even if it is done entirely in your own time. There are various reasons for this:

· Working elsewhere could affect your performance in the main job, if you work too many hours and get tired or have to think about other issues in other jobs

· Under law you are only allowed to work a maximum of an average of 48 hours per week and if you do other work then the main employer could be in breach of these Regulations when they include their work in this calculation

· Again, legally you are required to have minimum rest periods between work, such as 11 hours between finishing and starting and if you do other work the main employer could be acting in breach by requiring you to work at specific times which encroach on this.

So as you can see it is not just a matter of what you do in your own time is your own problem. Undertaking other work will also have implications on the main employer and they can make it a condition of the contract that you seek their consent before you undertake additional work. This is usually what happens, rather than them issuing a blanket prohibition on you working elsewhere, which they can also do. Whilst no one can stop you to undertake other work, the employer who has this clause in the contract can take further action, such as capability However, if there are no foreseen issues, there is no reason why they should unreasonably withhold their consent.

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

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Customer: replied 1 year ago.
Just one last question Ben ,I am self employed regarding the acting and window cleaning does this have any bearing on your answer
Customer: replied 1 year ago.
Hi Ben ,would you mind clarifying the last question please
Expert:  Ben Jones replied 1 year ago.

Sorry I was offline earlier. Whilst it may affect the working hours, overall it does not really change the position because the employer can choose to have such a clause in their contracts