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Category: Law
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I'm looking for advice regards my relationship with my

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Hi - I'm looking for advice regards ***** ***** with my employer - where do I start?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I've worked for the company for 12 years. During the pandemic, my contract was changed from full time to part time. I now work a 3-days a week contract
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have started a company of my own and may end up being a supplier to my employee. I can't discuss this with the company HR until I have some sense of how the law in this area might affect me.

Hello I am happy to help with your enquiry this evening.

What will you be supplying to your employer?

Customer: replied 13 days ago.
It's a LED lighting controller

And will you be providing equipment or labour and services only?

Customer: replied 13 days ago.
I need a few minutes to frame my questions - can you bare with me?

Yes. Please take your time. Remember to keep them as concise as possible.

Customer: replied 13 days ago.
As a full time employee I worked closely with a supplier to develop a product for my employee. I was forced to switch to part-time (3 days a week) and the supplier has offered to employ me for 2 days a week. So, question 1: can my employee prevent me from working part-time for a supplier?
Customer: replied 13 days ago.
Sorry - my employer in line one.

That will very much depend on the terms of your employment contract. It is common practice for employers to include non compete clauses within the contract and or moonlighting.

Customer: replied 13 days ago.
I understand. However, I can't see that such a clause would be enforcable if an employee is made part-time and has to find work to make up an income short-fall.
Customer: replied 13 days ago.
Also, the work I'm being offered by the supplier is to improve the service being provided to my employer
Customer: replied 13 days ago.
I should add, the product being supplied is on an exclusive arrangement - there are no other customers hence no competitors

Would your employer take exception to the new arrangement?

Customer: replied 13 days ago.
That's the tricky question - I just don't know. Their HR culture is pretty punitive.
Customer: replied 13 days ago.
There is another angle.
Customer: replied 13 days ago.
The supplier is a sympathetic party and has suggested that I buy the rights to the product from him which would put me in the position of being a supplier to a company where I work as a part-time employee. Again, my employer would be my only customer, so there would be no issue with regards competition.

It is impossible to tell without sight of the employment contracts relating to the full time and part time jobs. However it prudent not to take an action that could be considered to contravene the terms of employment.
Should the part time contract forbid moonlighting or other actions related to the above.

Customer: replied 13 days ago.
OK understood. It sounds like a need a more formal consultation, with a full discolosure and a copy of the employment contract.

You would need to check your contract first of all and it would be prudent to discuss and negotiate the above with your employer.

Yes that is correct.

Customer: replied 13 days ago.
OK thank you.

I have sent a proposal for your consideration.

Customer: replied 13 days ago.
Thank you for your proposal - I am going to speak with the supplier again and review the contract. To be honest, I did not actually get a new contract when my working arrangement changed, so I don't know if any of the terms have changed. Can I revert once I have done this?

Yes of course is there anything else I can help with tonight?

Customer: replied 13 days ago.
Thanks so much - no all good for now.

No problem. Could you leave a review when you receive an email? It really helps my ratings.

MARTINT330 and 4 other Law Specialists are ready to help you
Customer: replied 13 days ago.
Yep will do thanks