Jessica Booker
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- Aug 1, 2019
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This is a pretty common/standard terms in any employment contract for full time roles, especially in regulated industries or the public sector.Hi all
I’m in the very fortunate position of having secured my first vacation scheme at a dream firm which I’m so excited about.
A bit of background to me, I’m a career changer having spent the last few years working at a UK finance company in a variety of roles.
Initially my plan was to take two weeks of annual leave for the vacation and not say anything to my employer, however I dug out my contract yesterday and I found that it says:
18. Other Employment
You may not during Your employment without Your line manager's prior written consent, be in any way directly or indirectly engaged or concerned with any other business or employment. Such consent will not be unreasonably refused.
Now I guess I’m faced with a dilemma. I’ve never mentioned anything to my current employer about me wanting to make a career change and transition to law so this would be very much out of the blue. I also don’t want them to question my loyalty to the company and burn any bridges as I need to plan for a worst case scenario of not being successful at the vacation scheme. I don’t want to be in a position where I’m suddenly sidelined and then I find myself (in a worst case scenario) out of a job one day.
This is why I was initially not going to say anything and just take annual leave. I’d love any advice on what the best thing to do here is. I’m afraid that if I don’t say anything and then my company finds out e.g. through a LinkedIn tag/photo or some other means. Is this realistic? Would they have any way of actually finding out?
A part of me is thinking is it worth the risk? Would the law firm look at me differently if they knew I had misled my company by withholding this information? I’m really stuck at the moment and I would appreciate any advice, especially if you’ve been in a similar position to me. @Jessica Booker
Thanks!
Enough people breach their employment contract by undertaking various forms of employment on top of their job that stipulates this type of term.
How seriously your original employer will consider it a breach of contract is going to depend on how much it conflicts with or impacts your job. There can also be some issues of honesty and ethics if you have not been truthful about the situation.
However, many vacation scheme students manage to keep it quiet and no one finds out. When they do, they often have to think about what they say to various people - not just in their current job but also the people they will interact with during their vacation scheme.
Being tagged on LinkedIn or having your photo on a “welcome our vacation scheme students” post is a possibility - so you have to factor that risk in. How connected your job/employer is to your vacation scheme firm means that risk is going to be varied from person to person.
You’ll also have to factor in conflict checks too. It’s not impossible for a conflicts check to flag up something that would potentially need to be flagged back to your employer or that the firm would say you would need to flag to your employer. But again the chances of this highly depend on what your job is and who you are employed by.
But ultimately you are going to breach of your employment contract and you have to consider that doing so could lead to your job ending. You have to calculate your risks and your risk tolerance to work out what to do.