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Ask SolicitorRM Your Own Question
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 3604
Experience:  Director and Principal Solicitor. UK
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I am currently a sole trader offering administrative

Customer Question

JA: Hi. How can I help?
Customer: I am currently a sole trader offering administrative services to two different clients. one of the clients wants to employ me and put me on contract would i be able to speak to someone over the phone to explain my query
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have discussed this with the operations manager of the company but they dont have in house HR dept!!!!
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I do not belong to a union and i am a sole trader, freelance administrator
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not that i can think of yet
Submitted: 6 months ago.
Category: Law
Expert:  SolicitorRM replied 6 months ago.

Hi thank you for your enquiry and your patience. Yes I can speak to you on the phone however all calls have an additional charge. its a modest charge so if you would prefer to talk i am happy to get the offer sent to you

Customer: replied 6 months ago.
It's ok, I will try and explain over text
Customer: replied 6 months ago.
I started working on a freelance basis for Stuart Parker Wealth Management in Oct 18 and in June 19 his business was taken over by Sovereign Wealth Private Clients Ltd.
They took me and two other members of staff on but they would prefer to put us on to a permanent contract.After many months of backwards and forward conversations and emails between me and their Operations manager, their outsourced HR company, they have come up with a draft contract for me to sign in order to start my contract on 2nd Jan 2020.I will attach said contract shortly
Customer: replied 6 months ago.
The parts highlighted in Yellow are the ones they have highlighted for me to either add or amend things.
the blue highlighted bits are by me, I would like you to look at those as I am a sole trader and of course I would need to be allowed to have interest in other companies, I am soon to become a partner in another business which they have accepted and will write in to the contract but if this partnership were to become a limited company they are saying i could only own 5% of it, but I would of course be going in to equal partnership so would seek to own 50%! are they allowed to do this?
Expert:  SolicitorRM replied 6 months ago.

Ok, thank you for the detail. what is the legal question you would like me to address? If the contract is only a page or two I will review you it as part of this Q & A however if it is a long document JA will only allow me to look into it under their premium service for reviewing and advising on legal documents

Expert:  SolicitorRM replied 6 months ago.

These clauses are effectively providing for what would customarily appear in a non-compete clause. So yes they could that. If the company you are looking to be partner in is not in the financial sector and you do mention it specifically in that clause 3.4 you will be fine to work for them as sole trader and not as a partner with shares unless you are only getting 5%. 50% ownership will breach these terms and therefore you will want to make sure there is specific exclusion for that company as its going to be know prior to you starting your work in January 2020.

They have provided these in red and therefore are not expecting you to amend these but you are negotiating with them and I think if the company you are talking about is not in the financial sector you stand a good chance of getting them to agree for you to have the 50% as opposed to the 5%.