Should I tell my manager?

Lacewing

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Mar 2, 2015
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Hi,

I work fulltime as a Video Journalist for a news company. I'm in the process of setting up my own Video Production company on the side. There's no conflict of interest here as I'd be focusing on corporate videos not news videos. I'm planning on setting the company up as a Sole Trader.

I have only just seen a clause in my employment contract which says:

"You will not engage or concern yourself either directly or indirectly in any business or enterprise or work for any other employer or be a Director of a company without the previous specific written consent of [the company]"

I'm guessing I will have to tell them then?
 

damian1

Free Member
Oct 8, 2014
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Perhaps they should have inserted a clause stating you need permission to breathe.

Just because something is written it doesn't make it legally binding. I would think that an employer stating you need their permission to become a director of a non related business would be considered restraint of trade.


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Any examples?

  1. You shall have no other gods before Me.
  2. You shall not make idols.
  3. You shall not take the name of the LORD your God in vain.
  4. Remember the Sabbath day, to keep it holy.
  5. Honor your father and your mother.
  6. You shall not murder.
  7. You shall not commit adultery.
  8. You shall not steal.
  9. You shall not bear false witness against your neighbor.
  10. You shall not covet.
 
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Scott-Copywriter

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May 11, 2006
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Hi,

I work fulltime as a Video Journalist for a news company. I'm in the process of setting up my own Video Production company on the side. There's no conflict of interest here as I'd be focusing on corporate videos not news videos. I'm planning on setting the company up as a Sole Trader.

I have only just seen a clause in my employment contract which says:

"You will not engage or concern yourself either directly or indirectly in any business or enterprise or work for any other employer or be a Director of a company without the previous specific written consent of [the company]"

I'm guessing I will have to tell them then?

I would advise getting some proper legal advice. I know that clauses about working for another business in the same industry are common, but I'd be surprised if they're able to stop you from getting a second job in any industry.
 
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paulears

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Jan 7, 2015
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Turn it around - tell them with enthusiasm, explaining that you'll be making an investment in equipment and resources which will improve the work you do for them. Worked fine for me - they of course wanted special rates, but they saw what I was doing as a benefit.

You will only have problems if it impacts on your fulltime employment, or causes you to be unavailable for evening or weekend work - that kind of thing. The important thing is to stress it is very different from what they do, so apart from being video, it's not at all competition.
 
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Lacewing

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Mar 2, 2015
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Thanks for all your replies. I think that was my main concern that they would look negatively on it and believe that it would impact my work for them. I've only been at my current employment for one year and as I'm a journalist a lot of the time I'm working out of hours and at short notice - I can see this being a problem if I've planned work for my own business at a weekend and they want me to work at the last minute.

Great point Paulears about the equipment etc - hopefully they will see the benefits to me doing my own thing.
 
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1. Just tell them!

2. Corporate video is nothing like news journalism. In news, the most complex set-up would be a bit of cold back lighting, some warm faces and three cameras for an interview. Corporate is going the way of full-scale productions with proper lighting and full-scale production values (music, post, VO and even ADR in some cases).

3. Kit out for 4K right from the beginning!
 
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Jun 12, 2013
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I'm planning on setting the company up as a Sole Trader.

Very subtle point on this.
It's a business you're setting up.
A company is a legal entity, a sole trader is someone who carries out work/services/trading for profit in their own name. e.g. Coca Cola Ltd is a limited company. It can be sold by Mr I.C. Truck in a park in his capacity as a sole trader. Both ventures are businesses, only one is a company.

After you've solved your dilemma about conflict of interest/permission (which is one I'm going through too), speak to someone to clarify the legal and tax implications of both options
 
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Cromulent

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Ste Hughes

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Nov 27, 2010
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England.
  1. You shall have no other gods before Me.
  2. You shall not make idols.
  3. You shall not take the name of the LORD your God in vain.
  4. Remember the Sabbath day, to keep it holy.
  5. Honor your father and your mother.
  6. You shall not murder.
  7. You shall not commit adultery.
  8. You shall not steal.
  9. You shall not bear false witness against your neighbor.
  10. You shall not covet.

This is a serious thread - not another one of your bull shit posts with a link to the daily mail or something. Don't ruin it.
 
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3. Kit out for 4K right from the beginning!

On this final point, Scan seem to be the only PC builders who can cobble together a decent 4K workstation. Cost is about £4k too! If you go with dual CPU PowerMac, you will need some (expensive) hardware for rendering (or be very, very patient!)

But well-heeled companies have been heading down HD and even 4K for things like fair stands in the US and this would get you ready for the future and give you a clear UPS compared to the usual goof-ball Cecil B de Camcorder crowd.

As for the original topic, most employers like to be kept 'in the loop' so I would just approach the manager and ask him what his reaction would be to you doing "some part-time corporate work on the side" and point out that it would not impinge on your employment. Also, having 4K knowhow and capability within the company has to be a benefit! Sooner or later, even ENG has to get off its SD backside!
 
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Newchodge

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    An employer is perfectly entitled to have this clause in your contract of employment. It may not be enforceable if they unreasonably refused you permission, but that is a different matter.

    If you request permission and it is unreasonable refused, you could go ahead anyway. However as you have less than 2 years' service they could dismiss you for doing so and you would have no claim against them.
     
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    A

    AmarDigital

    It's probably best that you let them know. Lay out the plan though and let them know that it won't affect your current employment. That's what they should really care about. You never know, they might even be supportive!
     
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    Maxwell83

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  • Aug 4, 2012
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    So no example you have personal knowledge of ?

    Attempting to contract out of paying min. wage in employment contract - not binding

    Attempting to remove a consumer purchaser's rights under distance selling regs - not binding

    Any term which requires a criminal act for it to be upheld - not binding

    Any term attempting to remove the security of tenure in a business lease when proper contracting out provisions have not been followed - not binding

    Any restraint of trade clause deemed to be unreasonable - not binding

    That last one may be relevant here. If it's 'unreasonable', then it doesn't matter that its "pretty standard" and common. Ebay business sellers commonly attempt to state in other words that they basically won't uphold distance selling regs, but it doesn't mean that those terms will stand up if challenged.
     
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    Lacewing

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    Mar 2, 2015
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    Hi 'The Byre' - that's really great advice thanks! I've had to get my head around 4k pretty quickly and I'm actually looking into the 5k iMac for editing just because I'm so used to Macs really...I shot my first corporate today which was really exciting and the person commissioning it said he went for me as I offer 4k so it's definitely the way forward!

    And as for the advice re original post, I think I'm going to definitely approach it that way as then it's subtle and hopefully they'll be more impressed that I'm taking the initiative!!
     
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    Here's a magazine article for you (You'll have to register with the website to read the damn thing!) on the subject of 4K for corporate -

    http://www.avinteractive.com/features/4k-begins-dawn-business-market-02-03-2015/

    It's a bit of a 'puff-piece' but outlines the problems.

    If you are using a Power-Mac, you'll just have to edit and do all the other post tasks in SD and then render in 4K overnight! I can't see an iMac wrangling 4K. The one thing I have found out, is that you need industrial processing power to render 4K - despite all the claims made by manufactures who have just thrown in a 4K video card!

    It all depends on which programme you want to edit in. Vegas is PC only, FCP is Mac only of course. There are some killer plugs for Vegas for things like film-look and real (i.e. morphed) slo-mo - which is important for corporate, when it comes to showing manufacturing processes. It might be worth while holding back for a while, before spending money, as developments in 4K and processing power is happening at breakneck speed. I shall be attending the IBC in Autumn before I come to any meaningful conclusions.

    Domestic take-up of 4K is being (deliberately?) held up by the broadcasters, as they have invested heavily in HD, so having to rip out all those cables, servers, switchers, light-pipes and screens and buy several hundreds or even thousands of cameras is their horror scenario! Much of the BBC regional production capacity is still in SD! Just think of the satellite fees for a multi-screen sports event in 4K!

    But for corporate, I think it makes brilliant sense! I was talking to a Texan builder of starter homes and they have their own in-house 5-man production team for making videos for fairs and websites, YouTube, etc. and they will be re-equipping with 4K this year and they just went HD two years ago!

    The folks at Scan sent me the following message, following an enquiry by me -

    One of our sidelines is digital signage and one of our team in house designs and manages digital content creation and we have a customer currently that requires 4k content ranging from 30 seconds to 5 mins long. Up until this contract started, our guy was still working with an old i7 960 setup (first gen i7) and as soon as it came to working with 4k, whilst he was fine doing draft editing, as soon as it came to rendering out, you were looking at it being a few hours for even 30 seconds worth of work.

    Setting up a scratch drive, raid 0 SSD with a pair samsungs Knocked about 15% of that off. We threw memory at it, maxing the board, maybe another 5% and then then tried a random highend Quadro card we had floating about (£3500 of card that it was), the CUDA accelerated features helped to pre-render the video output and some effects but little else and it hardly dented render time in real terms leaving. Lastly we upgraded the CPU to a last generation 6 core, render time dropped by 60%.

    Dedicated high bandwidth scratch drive solution, enough memory that it doesn't bottleneck and throw in the most powerful CPU you possibly can. CUDA/Open GL cards seem to have a limited amount of benefit in most circumstances, but obviously check any plugin's that need to be supported and see if any of them boast life changing benefits.

    The more cores you throw at it, the quicker it becomes, hence why our 4k box is using a pair of bank breaking Xeons. You can handle it on a far less powerful machine, but it all depends on how much your time is worth. If the render out on a 10 min clip is 2 hours and if the difference between 2 hours and 1 hour is another £1500 at the time of purchase, I dare say it'll pay for itself very, very quickly.
     
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