Hey boys heres one for you, so my day job is despatch supervisor 39hrs a week over 4 days mon-thursday so when fri or sat comes I like to keep me eye in so I chuck an agency shift in at me old workplace, gives me some extra needed cash, the problem is my boss is not happy with me doing this, he says he wants me to drive for him only this work is less money but longer hours and a lot more physical, so my question is can they stop me from doing a shift for someone else?
Depends entirely what is in your contract.
Or donāt let him know youāre doing it ā¦
Thereās nothing in law to stop you as long as you keep withing all working hours.
As Conor has said, it will depend on your contract. Most contracts have a clause in them so check it carefully.
There is nothing in contract but they have a rule book and it says if you want to work for someone else in a non competing business you have to have authorised consent from a director and that this should not be unreasonably refused!
Cant not tell them as I have to download digi card!
quork:
There is nothing in contract but they have a rule book and it says if you want to work for someone else in a non competing business you have to have authorised consent from a director and that this should not be unreasonably refused!
Cant not tell them as I have to download digi card!
You have a slight problem in that driving for the other company may be a competing business so you will have to make sure it isnāt.
As for getting consent, tell them you will work for them on the same terms you are getting from the agency. If they withhold consent then carry on, you canāt be forced to work for lower pay and conditions just because your company is behind the times
H.
so you move to a new company then work on the side at the old one?
i would say yes they could refuse it especially if its a competitor.
why did you leave the last place to go back?
raymundo:
Or donāt let him know youāre doing it ā¦
+1
I would try to get a better deal out of your regular employer.You have let it be known that your services are in demand.What would happen if you were injured at your ex employers business,who pays sick pay.?A clean break from your old place should be the dest option.
raymundo:
Or donāt let him know youāre doing it ā¦
thereās nothing to stop YOU! being an EMPLOYEE
or SELF EMPLOYED
at the same time!
set up you own company/ ltd/ sole trader/ < insert any dodgy tax fiddle here >
no loyalty from staff nowadays, no wonder firms ā ā ā ā on people left right and centre
A couple of questions come to mind:
If you work as a ādespatch supervisorā for your regular employer, why do you need to download your card with him? Are you doing any driving under EU regs there? Do you even need a digi card for this job?
As you work for your old employer through an agency you are obviously working for the agency (or an umbrella Co. or even your own LTD Co), I doubt that these could be considered competitors to your regular employer.
Tell him that you are not happy that he doesnāt provide you with a company car and that in an ideal world you would like a 3 series BM. Accept that itās not an ideal world and suggest he does the same.
Loyalty pmsl
think I will just say no unless they up the money and see what happens
ref digi card, I do a little shunting every night so have to chuck the card in, as soon as it downloads they know what ive been doing
btw I dont go over wtd or driving hours!
Hey Quork, I would concur with the BMW suggestion above!
Seriously, do what you want to do. Its YOUR life. Its a ā ā ā ā crying shame your boss isnt keen on it. Maybe he
s kept awake at night fretting about you earning a bit extra money. What with that and the thorny problem of what colour his new Range Rover should beā¦
How does it affect him?
Is he just being awkward?
Just tell the bloomin idiot youll just do what the heck you want to do wherever and whenever and if it bothers him that much you
ll gladly stop if he divvies up a massive pay rise to compensate.
If you have signed an employment contract which refers to the ārule bookā and you have agreed to abide by it then in theory it sounds like they can stop you if you have not obtained the required director consent.
If you ask for consent and they refuse then it will depend on the grounds for refusal. If those grounds are āreasonableā then they can continue to stop you, and you might have to go to a lawyer/tribunal to argue successfully that the grounds were not reasonable.
As with many things it is probably a matter of polite negotiation if you can.
Look. All this talk of contracts is just bunkum. We are lowly lorry drivers, or in this case a dispatch clerk/lorry driver.
If this was a case of a top design engineer moonlighting at another company then one can reasonably see why the guvnor might get a bit miffed. Or a F1 car designer. But a lorry driver? Really?
This is nothing more than someone who loves wielding what he sees as his bit of power over a lowly worker trying to put food on the tableā¦which if he got paid a better wage he wouldn`t even need to, thats the galling aspect of it!
The cheeky [zb]
I wouldnt even ague with him. I
d just say this is whats happening, can you live with it? Cos if you cant I
m jacking it in.
There`s loads of opportunities out there at the moment.
The cheeky [zb]
I should say though if it impinges on a drivers hours i.e. hes unable to complete a weeks work because of his extra job then yeah you can obviously understand that, but it doesn
t apply in in this case.
I will of course keep you updated boys, as it stands atm im gonna keep working for agency till im TOLD otherwise, obviously if my job is threatened i suppose ill have to tow the line reluctantly
If there is nothing in your contract that forbids you from working for someone else then you are free to work elsewhere quite freely, so long as you declare profit/pay paye tax where due and satisfy any rest periods legally required for all different categories of that work. Even if it were in your contract that you are to solely work for them you are freely entitled to work elsewhere perfectly legally as you are not committing a criminal offence if you satisfy rest/break/duty periods. If in breach of contract you could have a civil case brought before you but that is not a criminal charge.
If you go PAYE at the agency job, you have to work under d0 tax code - not primary or only job, which means youāll pay 40% tax on EVERYTHING you earn, so Ā£100 earnings will put under Ā£60 in the bank after tax and NI, so itād have to be a hell of a lot more money to make up that downfall.
Sure, you can claim it back if youāve overpaid in April, but itās a pain and a process and doesnāt help much at the time.
Why does everything earned at the second job have to be taxed at 40%?
The info at taxaid.org.uk/guides/information ⦠bspensions
appears to say that itās up to you to tell HMRC if you are likely to earn more than Ā£42k from both jobs (and thus be liable to pay tax at higher rate).