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Second Job

 
#1 Second Job
01/01/2007 21:09

Anon

I am starting on a graduate training scheme with a large IT services / consultancy firm and was hoping to get some advice about continuing my involvement in the family business.

The background:

I’ve been involved in the family business (manufacturing/retail) since I was 16 (for the last 9 years) and have recently been managing an ERP implementation. I would like to carry on being involved at a reduced consulting level indefinitely. My involvement will be around 10 to 20 hours per month, possibly evenings but mainly weekends. Apart from my interest in the business it would also give me a little bit of pocket money to play with.

I have several questions:

1) How will my future employer view this (am I legally obliged to tell them)?

2) What are the legal/tax ramifications of having a second job?

3) If I am contractually obliged to notify them of any external interests, what would be the best way to pitch my involvement in the family business?

I appreciate the fact that I may find I have no time at all when I start! Any advice with regards to the questions above would be really appreciated.

Thanks in advance.

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#2 RE: Second Job
02/01/2007 08:55

bri500 to Anon (#1)

Your contract will almost certainly contain a clause that prohibits you from further employment without consent of your employer. If not, it will certainly contain a non-compete clause that states you cannot conduct similar work to your employment both during and also for a period after your employment. As effectively what you are doing is offering competing consulting services at a reduced rate and pocketing the money, you will probably be sacked should they ever find out.

There could be ways around it but I seriously doubt you'll have the time and I don't want to give you ideas as what you're suggesting is actually a very serious act to most companies, it's not just viewed as "helping out the family".

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#3 RE: Second Job
02/01/2007 13:27

.ppt & me to Anon (#1)

First of all, regardless of whether you are contractually obliged to do so (and you almost certainly will be) you really must discuss your involvement with your family's firm with your employer. If they are of any size or scale they will most likely have a policy concerning outside interests with which you should familiarise yourself.

I would suggest you find a friendly Partner or equivalent and sound them out. You will most likely find that most people have spare time projects be they family businesses, friends with start-ups or charities.

I think the response you get will depend very much on the firm you work for, the nature of your family's business and the proposed level of involvement.

In terms of tax ramifications (and this is my personal opinion rather than advice) so long as your pay from your family firm is subject to PAYE it should be straight forward. If you are or become director you will have to submit a tax return. Simply having two sources of income does not in itself create complications from a tax perspective.

In terms of how to pitch it - follow the guidance provided by the friendly Partner - this will very much depend on your firm's sensibilities and sensitivities.

In my case I am a Director in my family's firm which I cleared with my firm following an informal sounding. This was relatively straight forward; they simply wanted to confirmation that it would not impinge on my work nor that the business was in any way related to consulting or the industry area I work in. Moreover I think they realise that people with outside interests tend to be more rounded individuals and therefore better employees.

Good luck!!

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#4 RE: Second Job
03/01/2007 05:24

bri500 to .ppt & me (#3)

It's the overlap point that applies here, your family business may be nothing to do with consulting but he's going to be an IT consultant doing IT consulting for the family business and keeping the money.

If you are going to sound out a friendly partner, you're going to have to dress up what it is you're exactly doing. I still think there will be trouble should you ever get found out though.

On the tax part, no issues unless you don't tell your employer what you're doing, then someone may (or equally may not) spot why your tax code isn't what it should be.

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