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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50161
Experience:  Qualified Solicitor
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I currently work communications company and have done years

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hello. I currently work for a communications company and have done for 10 years and have the following standard clause in my contract "The Employee agrees to devote their full attention to the company during their period of employment and the employee shall not work for anyone else while they are employed by the company unless they obtain express permission from the company prior to starting the engagement" my question is based on , I wish to set up my own company tuning vehicles in my own spare time. it will not impact on my existing work as it will only be done in my spare time and I will not be working for anyone else as mentioned in the clause. I will be working for myself and as I see it there is no conflict of interest as they are completely different trades.
Do I have to inform my company legally that I will be working for myself in my own time ?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Do others work in their own time?

Customer: replied 1 year ago.
Hello Ben, Thanks for the quick response. do you mean other employees of the company work in there own time ? if so I am aware others have there own businesses. but I am unaware if they had disclosed them to the business formally ? ,
Customer: replied 1 year ago.
sorry, I should add. I'm also unaware if they carry out business activities although they have their own businesses.

And how long have you worked there for?

Customer: replied 1 year ago.
10.5 years Ben

Whilst I completely understand that this is a non-competing business which will not in any way impact your current job, under the terms of the contract you should certainly be considering advising the employer of this. Whilst they cannot stop you from doing this other work, the only thing they can do is treat it as a disciplinary issue if you were to not tell them and they find out later. I would say that on the basis it is a non-competing business and it would not in any way impact their business, it is unlikely to be considered gross misconduct and result in a dismissal. If it does, you should be able to challenge it as an unfair dismissal. So I suggest you tell them to discharge your duties under the contract and to avoid any potential repercussions in the future.

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.
Many thanks for your help Ben. regards Mark

You are welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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