Employment law type people! advice needed.

redondo100

fart!

ballysmate

Could you not just ask your employer?

Ben6899

Ask your employer. And if they declare it a problem, make sure they give you a good answer.

morstar

Layman’s opinion caveat applies to my response!!!!
That is not a conflict of interest, that is having a second job.
My contract explicitly restricts having a second job without approval.
A conflict of interests would be a role that directly detracts from your employers business, not your availability.

redondo100

Thanks for the advice folks. I don't feel like telling my employer would be wise as they would likely see this as a risk to me applying myself to 'the day job' and/or that I might eventually leave to do this full time - just think it would weaken my hand. I guess I could talk to HR and explicitly state it would be done on weekends only and get it out in the open.

I must have access to some kind of legal advice helpline so will talk it over withe e legal pro first.

john80

Given their is unlikely to be a conflict of interest with these disparate roles the only thing you need to do is to make sure you can meet the commitments of your current job. i.e. if you work certain hours then you need to do this but no employer has any control over you outside these hours.

thistle_

morstar said:

My contract explicitly restricts having a second job without approval.

Mine says the same, although when people were furloughed this was relaxed to "anything that's not a conflict of interest (i.e. a competitor) and you must tell us what you're doing and what your notice period is".

morstar

thistle_(mbnw) said:

morstar said:

My contract explicitly restricts having a second job without approval.

Mine says the same, although when people were furloughed this was relaxed to "anything that's not a conflict of interest (i.e. a competitor) and you must tell us what you're doing and what your notice period is".

I’m sure some of those could be challenged in law but realistically that is unlikely to happen.
Restraint of trade and invasion of privacy could probably be argued.

surrey_commuter

layman here with some working knowledge of employment law

Many people have second jobs either paid or unpaid. I would not tell my employer and would definitely tell HR.

If you became a school governor or deputy chairman of the allotment society would you tell them?

nickice

Sorry to slightly change the subject but be aware that there are lots of scams out there offering online positions doing TEFL. Be very aware of that.

I did TEFL 'for a couple of years' when I finished university. Ended up doing it a lot longer to pay my way through my Master's after. Eventually I largely stopped it and moved into law stuff instead. It can certainly be a rewarding job especially if you're young, single and living somewhere like Spain. You can also avoid petty office politics (this is still pretty much the case for me luckily).

However, you'd struggle to raise a family on a teacher's salary (in Europe) there aren't many opportunities for career advancement and those that exist often involve going back into the kind of office position that most TEFLers are trying to get away from. It was still definitely worth it for me though if I'd followed a more traditional route I'd be financially better off now but perhaps going crazy!

I know you didn't ask for any of this so sorry.

nickice

Also, one more thing, ten hours is a lot if you're a new teacher while also working another job full time. Most TEFLers do about 20-25 hours a week and only increase once they can cut their prep time (which only comes through experience)

Ben6899

thistle_(mbnw) said:

morstar said:

My contract explicitly restricts having a second job without approval.

Mine says the same, although when people were furloughed this was relaxed to "anything that's not a conflict of interest (i.e. a competitor) and you must tell us what you're doing and what your notice period is".

Are you allowed to earn a second wage while receiving furlough pay?

Pross

surrey_commuter said:

layman here with some working knowledge of employment law

Many people have second jobs either paid or unpaid. I would not tell my employer and would definitely tell HR.

If you became a school governor or deputy chairman of the allotment society would you tell them?

Did you mean that or did you mean definitely not?

My feeling would be that as long as your contract doesn't specifically require you to inform them and doing the work doesn't result in any of the other clauses of your contract being broken e.g. impacting on your availability to work when needed or creating a conflict of interest then go ahead but then I'm not a lawyer or HR expert.

surrey_commuter

Pross said:

surrey_commuter said:

layman here with some working knowledge of employment law

Many people have second jobs either paid or unpaid. I would not tell my employer and would definitely tell HR.

If you became a school governor or deputy chairman of the allotment society would you tell them?

Did you mean that or did you mean definitely not?

My feeling would be that as long as your contract doesn't specifically require you to inform them and doing the work doesn't result in any of the other clauses of your contract being broken e.g. impacting on your availability to work when needed or creating a conflict of interest then go ahead but then I'm not a lawyer or HR expert.

yeah important typo - definitely don't tell HR

me-109

Other than 'it depends on your contract', what other obligations may you need to fulfil regarding Working Time Regulations and tax/NI? 10 hours a week on top of a business week with your main employer could tip you over the 48hrs/17wks. Do you need to inform one or both parties, or even neither if it only affects a single employment (which I doubt)? Do you only need to inform the second employer for them to screw you over on tax (e.g. Passing upper tax limit) or do complete self-assessment when the tax man sees you have multiple incomes?

rick_chasey

https://www.thisismoney.co.uk/money/smallbusiness/article-2311133/What-need-know-moonlighting.html

thistle_

Ben6899 said:

thistle_(mbnw) said:

morstar said:

My contract explicitly restricts having a second job without approval.

Mine says the same, although when people were furloughed this was relaxed to "anything that's not a conflict of interest (i.e. a competitor) and you must tell us what you're doing and what your notice period is".

Are you allowed to earn a second wage while receiving furlough pay?

Absolutely allowed. Whether it's morally right is another thing.

I think the idea was that people could go and work in supermarkets, or do online food deliveries, or pick vegetables, or work in the bog roll factory etc.

ballysmate

me-109 said:

Other than 'it depends on your contract', what other obligations may you need to fulfil regarding Working Time Regulations and tax/NI? 10 hours a week on top of a business week with your main employer could tip you over the 48hrs/17wks. Do you need to inform one or both parties, or even neither if it only affects a single employment (which I doubt)? Do you only need to inform the second employer for them to screw you over on tax (e.g. Passing upper tax limit) or do complete self-assessment when the tax man sees you have multiple incomes?

I thought the WTD was to prevent employers forcing employees to work excess hours.
You can opt out cant you?

me-109

I believe you can, but maybe not in all sectors/roles. There's a need for checks and balances to make sure that it's not the employer that's forcing/coercing you into opting out. It did get tightened up because of that. Not sure where it stands in multiple employer scenarios, as you could still end up working loads of hours for sustained periods.

morstar

Last few jobs I’ve had, opting out of WTD has been part of induction process. I’ve wondered about challenging it just for the devilment. But have erred on the side of not using day one to rock the boat.