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Vineet S
Vineet S,
Category: Employment Law
Satisfied Customers: 1419
Experience:  Freelance Solicitor at Self Employed
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Pearl, I am afer some advice on a contract for a job I have

Customer Question

Hi there Pearl, I am afer some advice on a contract for a job I have been offered. Ideally I'd like someone to have a look at it for me and answer questions about a few clauses I'm not sure about. Is that a service you offer here?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No, a lawyer's perspective is what I would like though
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: At the moment I am freelance but this role would be as an employee ( I have verbally accepted the role) They do have a union but I am obvs not a member as not their employee yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, I don't think so - is this a free service?
Submitted: 8 days ago.
Category: Employment Law
Expert:  Vineet S replied 8 days ago.

Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

Expert:  Vineet S replied 8 days ago.

Hi there,

Could you please copy-paste the relevant clause here, with which you need assistance ?

Customer: replied 8 days ago.
Hi Vineet. Yes, will do that now. Thank you.
Customer: replied 8 days ago.
1. "Due to the nature of the Organisation's business, flexibility of working hours is paramount. You will therefore be expected to work such additional hours (without additional pay) as the needs of the business dictate." I am surprised about the bit about working additional hours without pay - what do you think?2. you will also.. "use your best endeavours to promote the interests of the Organisation and will not, without the prior written consent of the Organisation, be in any way employed by, engaged, concerned or interested in any other business."
I am currently a freelancer and was planning on taking some freelance work or volunteering/community work alongside this 4 day per week role as an employee. This sounds asif the would not permit that.Those are the main ones, there is also a long part about intellectual property which I suppose is standard, but makes me wonder if every idea I have or method, project etc that I conceive or pilot belongs to the company, meaning I couldn't use the same ideas after I leave their employment?Intellectual Property:Intellectual Property
For the purposes of this clause, the following definitions apply:
"IPR" means all existing and future copyright, design rights, registered designs, trade marks, patents, domain names, database rights, applications for any of these, the right to apply for any of these and all other intellectual property rights, in any part of the world, for the full term of such rights and any renewals and extensions of such rights.
"Material" means all information, methods, techniques, inventions, processes, reports, drawings, plans, research, know-how, systems, software, confidential information, creative works, concepts and other material produced, developed or discovered by you (either alone or with others) during the course of your duties.
"Moral Rights" means any and all moral rights conferred by the Copyright Designs and Patents Act 1988 or any rights of a similar nature under laws now or in the future in force in any other jurisdiction and to any and all Material;
You will promptly disclose and deliver Material to the Organisation. The Organisation is entitled to make such use of the Material as it considers appropriate. You must not use the Material, except as is necessary to perform your duties to the Organisation. You must not use or disclose, or permit any third party to use or disclose, the Material in any manner at any time during your employment or after it ends.
Expert:  Vineet S replied 8 days ago.

Thank you for your reply. I will go through these clauses and will be with you shortly.

Customer: replied 8 days ago.
Thanks Vineet
Expert:  Vineet S replied 8 days ago.

Hi there,

Thanks for your patience.

1) This clause is there usually in all Employment contracts. Employers cover themselves in case there is occasional additional work to be done , so employees are expected to do that without any overtime-pay .

Employees are not expected to work more than 48 hours per week, due to the working time regulations.

2) Notify your employer, that you would be working 4 days per week, and you would be free to undertake any other work in your off days.

3) If you can re-use the idea or method, would depend on your profession.

However, this is usual IP clause , which all employees have to agree to , which simply means that any IP created would belong to the employer.

If you need further assistance, please let me know.

Thank you and all the best.

Customer: replied 8 days ago.
thanks Vineet
Expert:  Vineet S replied 8 days ago.

My pleasure, thanks again.

Customer: replied 7 days ago.
Hi Vineet I was thinking again about the first clause re: additional hours without pay. This is not a high level job where it would usually be the case to be expected to work additional hours for free. The role is 32 hours per week (4 days) - what would be the legal limit on that basis? (presumably the max 48 hours per week law applies to those on full time contracts?)
Thanks again
Carolyn
Expert:  Vineet S replied 7 days ago.

Hi Carolyn,

You should not be asked to work more than an average of 8 hours in each 24-hour period.

Thank you.