to think work have no right to tell me what I can and can't do on my day off

[Ellybellyboo]

DH runs a smallish local business. There's the business owner (who is never there), DH, his colleague Jane (not her real name) and an apprentice.

Yesterday the business owner had to talk to Jane about her behaviour at work (always late, 4 hour lunch breaks, etc), but it didn't go very well. Jane got very upset and walked out.

DH is having a new machine delivered today. The apprentice it at college today, the business owner is away so DH is on his own and it will all be a bit manic

I had booked a day off for today ages ago. Long weekend, wanted to decorate my dining room, make some new curtains, etc, but in light of the above I said to DH I'd go in when the machine arrived and answer the phone, deal with customers and just help out a bit.

Was chatting yesterday afternoon at work and my boss asked me what I was planning for my long weekend. I said about best laid plans and all that, and that I was now going to help DH at work for a couple of hours.

Just before I left last night my boss took me to one said and informed that I wouldn't be allowed to work with my DH today. It's against company policy for employees to work for someone else during their employment and would be subject to a disciplinary

AIBU to think this is ridiculous overkill for me helping out my husband for a couple of hours and they can bugger off and mind their own business

I have checked my company handbook and there's no mention of it that I can find. Only stuff about not working with direct competitors within 3 months of leaving

[frumplstilskin]

You really don't get to tell your employees what they do with their free time Toasted! You're not paying them as a favour, you're paying them because it's the law. And the law gives you time off to spend as you please.

For some people that running marathons. Do you tell your employees they can't run marathons as they wont be rested after them?

[YouSay]

I don't understand why your company has a problem with this.

I also don't understand why you are helping your DH today. He does not own the business. If he needs help he should contact the owner. I say this as a business owner. I would be horrified to hear one of my employees was bringing their spouse to work.

[Blu]

Actually, from the pov of your DH's workplace, I wouldn't be so keen on an untrained, non accountable, non employee dealing with my customers!

[littleGreenDragon]

If he needs help he should contact the owner.

I have to admit even though I think OP can spend her free time any way she wants - I did wonder why her DH hadn't done this and insisted the owner sorted out some additional cover or came in themselves for the delivery.

Otherwise DH would have to say fine - I'll close the shop or stop whatever else he was doing to deal with the delivery then.

[starry0ne]

And yes, seeing as they're paying you for it they do have a right to tell you what to do with your leave

Personally I wouldn't want my team working/volunteering while on leave. I want them to rest and have personal time so they are rested and well and fit for work again

I have never read such bizarre comments...Firstly you can tell employees what to do at work not out of work.Ask any parent who takes a young child on holiday if they feel rested ..I doubt it.

Also does that mean no one can volunteer with brownie's , cubs, would you not employ someone who was a carer.

[Blu]

Are the two businesses linked in any way? In the same field? Is there any history between your manager and your DH's company? Could your assistance of DH's company potentially compromise the interests of the one you work for?

In many cases this can be an issue. I think banks are notoriously against the slightest potential for Conflict of Interest, including some volunteering. I know someone who had to resign as a school governor.

Actors are not allowed to do loads of things in their time off during a contract: skiing, horse riding etc.

[frumplstilskin]

I think hiring only self involved arseholes who wouldn't lift a finger to help anyone on a day off is the mark of a not very clever employer

[Ellybellyboo]

Have spoken to HR. She thinks that boss is mistaken, there is no clause like that for my level, some of the more senior managers do, but she's going to check it out and email me/my boss.

DH's boss is fine with me helping out, he knows I'm doing it and has no problem with it.

I'll be answering the phone and dealing with the odd customer for a couple of hours as a favour to my DH, nothing taxing or that will leave me too exhausted to do my job come Tuesday

[blaeberry]

A lot of professional jobs require you to put in extra hours when necessary (unpaid overtime) to get the job done. My last contact didn't even stipulate hours, only that I had to do the job. In this situation I can see why they wouldn't want you working for anyone else. They would have been very unhappy if I said I couldn't catch a flight to an important meeting because I was working for someone else at the time. Equally they wouldn't want you in competition with them - seeing people who could potentially be their customers. They also wouldn't want you using skills they are paying you to develop for someone else's business. There are legitimate reasons for stipulating what you can do in your own time.

Having said that, in this case it seems unreasonable.

[sparechange]

Actors are not allowed to do loads of things in their time off during a contract: skiing, horse riding etc.

That is very rare, and when it does happen, it is a stipulation of insurance companies, not employers.
I had an actor friend who was in a soap and went on holiday during a week off because of the storyline. They were asked not to get a tan, because it would look odd when they reappeared on screen, but that is a work reason, rather than restricting their time off for the sake of it.

[SecretSpy]

Tell your boss you've changed your mind? Because now you are planning to spend the day snorting coke and burgling little old ladies. No clause against that presumably?

[InSpaceNooneCanHearYouScream]

toasted you are talking utter bollocks. Paid leave does not mean you get to control what employees do in their time off.

[Balletgirlmum]

Companies do not have to inform their insurance companies of each individual employer. As long as they can demonstrate duty of care (induction if appropriate, making everyone aware of h & s rules etc) you are covered under their employer liability insurance whether or not on payroll.

[Buckinbronco]

Today 08:38 msrisotto

Well they probably wouldn't be insured for non employees. It strikes me as weird that you want to tbh.


Posters on MN are always going on about insurance. I don't understand this at all. Insurance against what? How do you know what their insurance covers? It's totally standard for a business insurance to cover anyone on the premises. How is this even relevant?

OP I think it's overkill. Yes fair enough not to have a second job but it's not designed to stop this

[Oliversmumsarmy]

Many companies have rules about not taking additional employment when you're employed by them, which is pretty sensible. You don't want someone working 9-5 then going off to work 9pm - 3am

I worked numerous jobs outside my 9-5 job when I was younger so did dp, so did everyone we knew. Only way to raise money for a deposit on your first flat. When did they bring this restriction in.

[Balletgirlmum]

Paid leave is a legal requirement, there is no way employers can dictate what someone does whilst on leave unless it's a direct conflict of interest covered in the employment contract.

[Buttock]

Personally I wouldn't want my team working/volunteering while on leave. I want them to rest and have personal time so they are rested and well and fit for work again

How exactly would you control this? Follow them around all day? Get them to send in photographic evidence every hour?

Op your boss sounds like he's being a twat. Of course they can't control if you choose to volunteer somewhere.

At my last workplace the boss used to ask everyone what they had planned for their week off and then get pissed off if you just planned to stay at home and tell us "if you're staying at home doing nothing, then you won't mind if you get called in if things get busy will you?" because it wasn't a "proper" holiday. He never did, but the people who never went off on extravagant holidays were always made to feel crap like our time off wasn't as important as those sitting on a plane and going somewhere.

Down with shit bosses!

[Balletgirlmum]

Some companies may have some restrictions due to being afraid of breaking working time directive rules.

[Buckinbronco]

That makes no sense. As long as they don't break working time directives through their employment it has nothing to do with them of their staff chose to break it with additional hours elsewhere

[leelu66]

Your boss sounds like an uninformed jobsworth.

DH's boss is fine with me helping out, he knows I'm doing it and has no problem with it.

He's fine with it? He should be bloody grateful!

[Buckinbronco]

Oh and as per a previous poster- I also suspect this clause, whilst standard, is completely unenforceable. Many standard employment contracts are.

[inlovewithhubby]

Glad hr sound sensible and helpful. As I think others have said, this is a pure contractual point so if your contract is silent then there can be no restriction. Your post- termination restrictions are irrelevant here as you remain in employment.

It's not fair or right, but you might use this experience as a lesson in over sharing. It's sad but keeping a little back from employers or colleagues (if they are not genuine or close friends) is usually best. They are not your mates and a professional distance can create a protective layer which works both ways.

[heron98]

My DP also has his own business. He's really busy at the moment but doesn't want to commit to taking on more staff. So I've been going to his work with him at 5am and working there for a couple of hours before going to work to clear the backlog.

No one at my work cares. It's life, the same as if you were looking after a child or an animal, it's a family commitment.

[Oliversmumsarmy]

Actors are self employed not employees

[inlovewithhubby]

Buckinbronco - sorry but you're wrong. Employers do have an obligation to keep track if additional hours worked elsewhere to ensure no breach of WTR. But that's not relevant for the op.