Restraint of Trade - Advice sought.

Without knowing all the details, the following is only general but might give you some useful pointers.

The enforceability of such exclusivity clauses generally requires the
secondary role to affect the performance in the primary role.

By this, I mean that if your alternative business isn't affecting your main employment, your employer requiring you to cease your alternative business would likely be considered an unreasonable request of you.

If they took you through the disciplinary route, and ultimately dismissed you, an employment tribunal would likely take into account whether your alternative business affects your primary employment.

However, given that your employment is a night shift, and your business requires you to work during the day, it may well be thought that you should be fully rested when returning to your main employment.

As you are a machine operator, this may give weight to your employers concerns.

It's unlikely that the 'restraint of trade' you mention could be used as an argument in your favour.

Other factors, such as how long your employer has known about your alternative work and whether they have discussed it with you before would influence matters.

In the end, if you're not happy with your employment, and you're in a position to concentrate on your business, you may prefer that option in any case.

Such issues can become quite tricky and your employer would need to handle the matter carefully.

It may be best for all concerned to reach a compromise agreement, and leave you to spend your time doing what you enjoy most.

Good luck,
Steve

As an employment lawyer I would like to make a few points.

The 48-hour rule

Under the Working Time Regulations 1998 an employer has a duty to ensure that any of their workers are not exceeding 48-hours per week. If the employer fails to do so, they face criminal sanctions.

I am not sure if you have opted-out of the 48-hour per week rule by a written agreement and providing the employer with a minimum of 7 days notice but not exceeding 3 months notice.

Health and safety

There can be an impact on health and safety if the employer feels that your 'additional' work has an adverse effect on your full-time nightshift work. An employer has a duty of care for all worker's health and safety.
Restraint of Trade

Having said the above points the issue of restraint of trade becomes less of a issue unless you can reasonably show that the above points are not an issue with your current employment and will not become an issue.

Restraint of trade is primarily concerned with controlling workers who, on their own account, may be in competition with the employer. A restraint of trade is presumed void unless the employer can show it is reasonable.

On the whole, I do not think the employer, if well advised, will use the restraint of trade clause but may have a better standing using the 48-hour per week rule and health and safety especially when you will be operating machinery during night hours and may be exhausted from your day work.

The restraint of trade issues become more tighter on senior employees and manual workers and employers thus have less control what their workers do during their spare time.

Hi i have been at a Dog Club For 15 years.
About 12 of them i have Instructing. This is all voluntary, unpaid with no contract.Also all the knowledge and training i have paid for myself and also i am a dog psychologist. And give my time freely including behavioural advice.
I enjoy it so much that i did it for 6 days a week which worked out to about 20 to 24 hours some weeks.
I am also a committee member and just going into my 5 th year.
I have had a lot of verbal abuse, accused of with holding monies and rumours spread about me , mainly by 5 committee members.
This is a large dog club and up to now have about 1,5000 members but could by the end of the year be around 2,000.
With the trouble i have had including my section at the club i am Head Instructor i contacted acas, citizens advice and help on line.Even members have been treated badly
Because i was being bullied and harassed. Acas etc said because i have no contract i have to put up with up or leave.
I am there for the people and there dogs so have put up with it, to the point it is making me ill.
The pressure from certain committee members to leave, because i am popular led me last year to start a little school up, i take about 5 people that's all.So no competition to this large club at all.
I still instruct at the club and a committee member but now they want to bring a rule in that i must declare everything to them, and they have a say in how many i take and what i do in my personal business.
They are saying i am a conflict of interest, so its a way for them to get rid of me.If i don't declare and tell them everything.They even want to tell me how many people i can take at my small dog school. And i cant do anything unless i notify them the committee.
This is my personal business as my husband may lose his job after 35 years.
I still do my job at the large club %100 but now only do 4 days.
As mentioned earlier we don't get paid and have no allowances. We have to pay our own petrol and up to last year we had to pay for our tea.
This is a voluntary business, how can i handle this, as they draw force at committee meetings to pressure me.
I need to know what i am talking about when they gang up.
Thank you in advanced for any help offered.

Sabre

Thank you for your advice.
I will put it on another thread and see what transpires.

But you may be right.

Sabre.