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coleedgar57

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coleedgar57

hi, was just thinking asking if anybody knows what type of electrical jobs apprentices can do on when they are not at work or college and i dont mean anything major like no rewires or anything like that thanks.

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Essex1

Strickty speaking. Anything they are 'competent' to.

How do you define competent? Who knows?

Edited by Essex1

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NozSpark

also.... nothing that would affect your employer in any way,,, or you might find yourself unemployed

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Essex1

also.... nothing that would affect your employer in any way,,, or you might find yourself unemployed

Good advice.

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Murdoch

And if you do SE work you will need to tell HMRC, your insurance company, gave your own test kit and PL insurance

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ProDave

Yes the hmrc and PL insurance will discourage the occasional home office job.  You have to have enough self employed work to make it worthwhile.

 

Also check the terms and conditions of employment. One previous employer I had would not even allow you to "advertise" your services privately while in their employment.  That didn't stop me though, but if they had found out they could have dismissed me.

Edited by ProDave

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revjames

wash cars, serve pints, cut grass.... etc etc

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Essex1

Yes the hmrc and PL insurance will discourage the occasional home office job.  You have to have enough self employed work to make it worthwhile.

 

Also check the terms and conditions of employment. One previous employer I had would not even allow you to "advertise" your services privately while in their employment.  That didn't stop me though, but if they had found out they could have dismissed me.

We have a clause that prevents working for any competitor or client for 2 years after employment ceases.

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ProDave

We have a clause that prevents working for any competitor or client for 2 years after employment ceases.

And what will they do if you break that clause?  Sack you?  Oh you have already left.

 

I had one employment that said I needed to give 3 months notice to quit.  I gave them 1 months notice.  My boss went berserk saying you can't do that, your contract says....   I said well sack me for breach of contract then and left after 1 month.

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Essex1

And what will they do if you break that clause?  Sack you?  Oh you have already left.

 

I had one employment that said I needed to give 3 months notice to quit.  I gave them 1 months notice.  My boss went berserk saying you can't do that, your contract says....   I said well sack me for breach of contract then and left after 1 month.

You can sue for breach of contract.

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NozSpark

We have a clause that prevents working for any competitor or client for 2 years after employment ceases.

 

Thats an illegal clause,,, you cannot stop someone making a living doing the only job they know

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Essex1

Thats an illegal clause,,, you cannot stop someone making a living doing the only job they know

Of course it is not. It is very common and is there to stop employees bypassing employers to work direct for the client. Very common.

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Sharpend

Now just remind me how your business started????

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Essex1

Now just remind me how your business started????

Hang on. How do you know?

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Sidewinder

Hang on. How do you know?

 

IIRC you posted it on an internet forum! ;)

 

I think that you would have great difficulty in enforcing that clause.

 

Personally I would run it past ACAS or an employment lawyer before trying to enforce it.

Especially if the employee you decided to use it against was in a trade union.

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Essex1

IIRC you posted it on an internet forum! ;)

 

I think that you would have great difficulty in enforcing that clause.

 

Personally I would run it past ACAS or an employment lawyer before trying to enforce it.

Especially if the employee you decided to use it against was in a trade union.

I have never worked for a company PAYE between finishing as an apprentice and starting as a Director so being a sub-contractor I was free to do as I wished. Plus the company I had been sub-contracting for had side-lined me for being one of the high earners when 2008 struck. So when you get a phone call from a big company asking to work for them and you are a self-employed and sitting on the sofa at midday on a Friday I feel that is fair game.

I employ all my guys (except one) for many reasons. To protect my business is one of them.

The clause in the contracts is called a 'restrictive convent' and is very common and very enforceable. It has to have a time limit (eg - 1 year after leaving) and cannot stop someone working in their industry. Only for clients that the company you have left have also as clients.

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NozSpark

Of course it is not. It is very common and is there to stop employees bypassing employers to work direct for the client. Very common.

LOL, my brother had this clause in a contract and left the company.... He took legal advice on this very clause and was told by a barrister that it was illegal and wouldn't stand up in court.

However.... he worked for a very large publishing company and was also told that it wasn't worth fighting as the company would probably bankrupt him with legal fees before it got anywhere near court.

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Sidewinder

I don't believe that it is enforceable if the person goes from PAYE employee to PAYE emploee.

 

IF, they start a company up, or work direct, then yes that is correct.

 

However, if they simply move from one company to another that has the same clients then unless they move as a "controlling mind" to the new company you'll have an issue I believe.

 

BTW, my opinion is based on information given to me some years ago when I was employing by legitimate legal sources on the contracts that we were drafting at the time.

The law may have changed, and the comments are based on the information I was given by others, not my own conjecture, but, the advice is going on for 10 years old now.


LOL, my brother had this clause in a contract and left the company.... He took legal advice on this very clause and was told by a barrister that it was illegal and wouldn't stand up in court.

However.... he worked for a very large publishing company and was also told that it wasn't worth fighting as the company would probably bankrupt him with legal fees before it got anywhere near court.

 

Hence my comment about union membership, the unions have deep pockets when it comes to employment law fights.

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NozSpark

...and his was open ended as the market he works in is quite small, so if he left he could only work for, or become, a competing company... all touting for contracts off the same companies

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ProDave

I had a bizarre one with my last employer.

 

I had already started planning to move th the Highlands, which would have meant me resigning from the company.

 

At about the same time, they decided to change my employment contract to make the notice period on both sides 3 months, where previously it had been 1 month.

 

Just as I was about to hand my 3 months notice, the company fell short of orders so announced they had to make some redundancies, so I volunteered and was accepted.

 

So i got redundancy pay, got to leave immediately and with 3 months extra pay in lieu of notice.

 

Result. 

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revjames

Until you are fully qualified, the best you can hope for if you want to work on the tools is as a mate for a qualified spark and progress from there. Until then, as I mentioned before, wash cars, cut grass, pull pints etc.

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Tony S

Until you are fully qualified, the best you can hope for if you want to work on the tools is as a mate for a qualified spark and progress from there. Until then, as I mentioned before, wash cars, cut grass, pull pints etc.

 

With the insurance and legal requirements, that is the safest option.

 

A company can place restrictions on your “out of hours” activities if they affect the core business.

 

I ran several businesses while working for a multinational company. What I was doing had no effect on the core business so they let me get on with it. They even hired me to do specialist work for them.

 

As for work after you terminate your employment the one thing that a company can do is get you to sign a “non disclosure” clause forbidding you to pass on company information.

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