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Employment law type people! advice needed.

Hello,

During lockdown, I've explored potential avenues for other, more rewarding work. Long story short ~ I've been offered a role as an online English Language teacher on a minimum of 10 hours per week basis. I can do more hours should I so wish and can work at weekends.

I'm not able to leave my full-time role for financial reasons. However, having looked at my contract with my permanent employer, there seems to be nothing within to state I must declare other work. There is a only a clause which states I must not belong to, have a financial interest in any organisation which gives rise to a conflict of interest. I guess this is a fairly standard clause and though the 2 roles are entirely unrelated, I wonder if I may fall foul of this clause if a 'conflict of interest' might be met if my full-time employer seems a competition for my time, demands, loyalty etc...

Just interested if anyone had any ideas / experience in this area.

Thanks

Posts

  • ballysmateballysmate Posts: 14,142
    Could you not just ask your employer?
  • Ben6899Ben6899 Posts: 7,406
    Ask your employer. And if they declare it a problem, make sure they give you a good answer.
    Ben

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  • morstarmorstar Posts: 3,030
    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.
  • redondo100redondo100 Posts: 3
    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.
  • john80john80 Posts: 985
    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_(mbnw)thistle_(mbnw) Posts: 3,523
    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".

  • morstarmorstar Posts: 3,030

    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_commutersurrey_commuter Posts: 10,559
    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?
  • nickicenickice Posts: 1,407
    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.
  • nickicenickice Posts: 1,407
    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)
  • Ben6899Ben6899 Posts: 7,406

    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?
    Ben

    Bikes: Donhou DSS4 Custom | Condor Italia RC | Gios Megalite | Dolan Preffisio | Giant Bowery '76
    Instagram: https://www.instagram.com/ben_h_ppcc/
    Flickr: https://www.flickr.com/photos/[email protected]/
  • ProssPross Posts: 22,604

    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_commutersurrey_commuter Posts: 10,559
    Pross 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-109me-109 Posts: 1,269
    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?
  • thistle_(mbnw)thistle_(mbnw) Posts: 3,523
    Ben6899 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.

  • ballysmateballysmate Posts: 14,142
    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-109me-109 Posts: 1,269
    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.
  • morstarmorstar Posts: 3,030
    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.
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