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Employer dictating out of hours activity

7 replies

PossibleConflict · 29/07/2014 18:50

I've NC for this as don't want to out myself, and I have kept the details as brief as possible. I am not sure if this would be better in the legal section or here, so if anyone thinks it should move, please let me know.

I work (full time) for a large public sector organisation, my DH and I also run a business together. My employer has requested that all staff complete a form detailing any conflict of interest activities (both paid and unpaid) that they do outside of work. They're saying that staff are not permitted to carry out any of these activities for more than 10 days out of every 365 days.

The business that DH and I run (he works for the business full time) is in a similar field of expertise to the job that I do for my employer (e.g teaching law for my employer, and practising law as our business - employer does not and is not able to practise law), therefore I have been told that I need to include my roles within the business on this form. I am not paid by the business (DH is) beyond any dividends we take (I am a 50% shareholder), but the time I contribute to the business far exceeds 10 days per year.

My question is - can my employer legally dictate what I spend my time doing outside of work? Apparently holidays can't be used for anything remotely to do with working. They say that it would be impossible to work full time and do more than ten days additional work per year, which is nonsense because I have been doing it for several years now.

I am really angry that my employer is trying to curtail my contribution to our business, and if this is legal we are going to have to seriously consider whether I continue to work there.

Anyone have any advice? TIA. Smile

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Solasum · 29/07/2014 18:53

What does it say in your contract?

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Catnuzzle · 29/07/2014 18:58

Another one agreeing with checking your contract. I think they can dictate within reason, if you are working FT for them they could argue that putting effort into another enterprise/job could affect your ability to carry out the job they have employed you for, which is fairly reasonable really. If you can demonstrate it hasn't/doesn't cause any issues might be worth discussing it with them.

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PossibleConflict · 29/07/2014 19:09

It makes no mention of this in my contract, other than there being a standard conflict of interest form which I completed when I first started (detailing my role within our business). I have been carrying out both roles for several years now, with no complaints from either side. If anything, by working for the business it keeps me far more up to date and 'useful' for my other job and my employer has been happy with this as it has directly benefited them (any PR for the business mentions my job with them in addition to the benefits they gain from my up to date knowledge).

I have discussed this with them and my boss accepts that there is no conflict, but I still have to agree to no more than ten days per year as the institution is bringing this in. If I agree to ten days and then carry on as normal I will be in violation of this new policy which is obviously something I want to avoid. It just feels like we're (I am not the only one in this situation - there are several other members of staff in the same boat) all being made to choose between our jobs and our businesses.

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Catnuzzle · 29/07/2014 19:32

Seeing as their company are benefiting, can you ask them to review the policy, pointing out they will be losing out if you have to adhere to it as it stands?

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PossibleConflict · 29/07/2014 19:45

There's no chance of that happening - they employ thousands of people and this issue is specific to the area of the company in which I work. The vast majority of people won't be at all affected by it and so will happily sign it.

Is it an option to just sign and carry on as normal? Realistically, how would they monitor my time (most of it is evenings and weekends whilst sat on the sofa)?

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Solasum · 29/07/2014 21:58

Is it worth you and the others in the same position meeting management together so they can see what they have to lose? You have always been clear about it, and your performance is obviously satisfactory, so I don't see on what grounds they can change the current (and proven) modus operandi.

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flowery · 30/07/2014 08:27

If there was no restriction before and they now want to introduce one, that is a change to your terms and conditions of employment. You can refuse to consent to the change. There are ways an employer can potentially force through a change, by consulting properly and then ultimately terminating and re employing people, but for a change like this which isn't business critical, if they are sensible they won't bother going through all that.

Have they consulted properly about the proposed change?

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