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Conflict of interest to do freelance work for your full time employer?

(3 Posts)
KTMorton Tue 10-Jan-17 14:47:34

My question has two parts, i’ll try and keep it to the point.

I work full time and have helped a group of professionals also in my industry get part of an external project off the ground – I say external project as they have been awarded a seven-year grant after a recent successful bid to an external funder. This was part of my FT role and the successful applicants and I are employed by the same organisation. The plan was always to have me help them initially, then to hire an ad-hoc freelancer/consultant to work solely on the project as it gains traction. As I know a fair bit about the project now they have asked if I would work on it outside of office hours and bill them for my time, rather than getting a freelancer/consultant.

Q1) Would this be seen as a conflict of interest and therefore not permitted by my employer? The pot of money that would pay a freelancer/consultant has been successfully bid for and is separate to where our wages are paid from
Q2) If I was permitted to do this, is it more likely that this would have to go down as overtime and I get paid my hourly rate as its calculated from my annual salary and receive these earnings in my wage slip which is taxed accordingly; rather than billing them directly and doing a separate tax return for these earnings?

I imagine i’ll probably have to just ask HR direct if it’s allowed; it’s just a bit of a confusing one as the pot of money and how they choose to spend it effectively/efficiently is the decision of those who were successfully awarded it.

TIA

Wordsmith Wed 11-Jan-17 13:51:37

Not quite sure I understand. Are you saying that the team, who all work for your employers, are being paid separately by your employer for a project, and they want you to work freelance for them, even though it's still your employer who will be paying your bill?

Newtssuitcase Wed 11-Jan-17 13:57:11

I don't understand either. But as an employment lawyer I would caution against you ever doing any work for your employer which is badged as "freelance/self employed" because the likelihood of HMRC agreeing with them that you are self employed in respect of that work is slim to none.

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