Aibu - part time role

[Sancarrot]

Posting this more for ideas than really aibu (as I think I am Being unreasonable but mot sure how to get around it.

I run a small service based business and now hiring an employee. The role is a flexible part time one, but in an industry where many people freelance.

Now to my issue. As the role is part time, unsurprisingly many applying seem to want to continue to freelance alongside the role. Completely understandable- but at the same time - it potentially puts my business at risk.

I’m considering adding a non compete clause but don’t want to put off a potentially good candidate and also am a bit concerned about what I’d put in it anyway.

Wwyd?

Im a designer a most contracts I've had either state that additional work outside of work hours needs to be pre approved by management, or that any in the same sector need to be pre approved.

However they are not contracts for part time roles.

What is the role? What is your concern about conflict of interest?

I understand your concern, but you are BU. You cannot offer only part time work and effectively forbid working otherwise. Bluntly speaking, are you afraid that your employee will steal your clients?

@zzzebra I don’t want to be too specific but it’s certainly similar and broadly speaking is marketing.

My concerns are I guess

1. As a freelancer they would no doubt be going after very similar clients and to some degree I’ll be giving access to them.

1. The role is wfh as well as part time - so while there has to be an element of trust (and I’m all about trusting someone to get on with it - I fear if they’re also freelancing their could be a conflict on their time).

Being honest - I cannot accurately nail down exactly what my issue is - more of a general sense of concern.

@forinborin possibly yes though truthfully I’d hope not to employ someone likely to do that.

Oddly if they simply had a second job elsewhere it wouldn’t bother me in the slightest. It’s the freelancing I feel uncomfortable with.

Let’s say it was an accountancy practice - it would be like hiring an accountant who also did freelance accounting.

I think maybe I’m being precious but am really just a bit stumped around how to tackle it.

[quote Sancarrot]@zzzebra I don’t want to be too specific but it’s certainly similar and broadly speaking is marketing.

My concerns are I guess

1. As a freelancer they would no doubt be going after very similar clients and to some degree I’ll be giving access to them.

1. The role is wfh as well as part time - so while there has to be an element of trust (and I’m all about trusting someone to get on with it - I fear if they’re also freelancing their could be a conflict on their time).

Being honest - I cannot accurately nail down exactly what my issue is - more of a general sense of concern.[/quote]
Ok.

So my last permanent contract stated that I couldn't directly work for clients that the company had ties to for the duration of my contract and 2 years after it.

Basically to stop me poaching their clients. I imagine that would cover it?

@zzzebra that would work. I think to some degree I need something around using our software etc as well.
I know writing this I sound really mistrustful - I’m honestly not - but also because I don’t want to be in any way like that I just want to put solid boundaries in place around it.

Does their part time role with you involve them having to attract new clients to your business? If yes, then I can see the problems.

If no, and they are merely carrying out work for your clients or contacts you introduce then a clause along the lines zzzzebra suggests would be sufficient although I suspect the 2 year length could make it fall foul of restrictive covenants needing to be fair. It will depend very much on the industry and you should professional legal advice in this regard.

Would it be better to offer your work as freelance?

I too think that you should seek specialist legal advice. My dh works in a similar pattern, ie part time for one organisation, and free lancing for the rest. If the organisation tried to put any limits on what he can do in his own time he would have refused the job.

[quote Sancarrot]@zzzebra that would work. I think to some degree I need something around using our software etc as well.
I know writing this I sound really mistrustful - I’m honestly not - but also because I don’t want to be in any way like that I just want to put solid boundaries in place around it.[/quote]
Are you supplying their computer, etc? If so you could put a clause in to cover this.

However if they are using their own laptop but your software subscriptions then I think you'll have to let it go. They can't easily have 2 copies of the same software on their computer with different licences.

I've done work on the side and generally it's been accepted that I might use the company software. They have nothing to loose from letting me use it in my spare time, and actually sometime gain from the fact I'm expanding my ability.

Ok to answer some questions

Yes they will be involved with attracting new business to some degree - though through marketing and not direct sales. Also will be part of the team who pitch for new business.

I will be supplying the laptop and software. To be honest if someone wants to use say Adobe CC on their own time - not fussed. On the ither hand I’d someone tried to say use some of our paid for stock images I’d be pissed off - or something line our reporting system (which is paid for on a “number of reports” basis).

Freelance - no. I use freelancers for specific work and now want someone who is employed specifically. It’s around 20 - 25 hrs per week and my general thinking was someone may want to do it around the school run etc (so say 5hrs a day) but that’s not really who it’s attracting.

I will seek legal advice (handily this is freely accessible to me) but I’ve held off until I actually get to the stage of proper shortlisting.

I’m also taking advice on GDPR etc which is also why I’m supplying the computer etc as obviously there are data issues as well.

@Sancarrot

Ok so on those terms I think you're being completely reasonable to put in a clause that says they can't work directly with any clients for the duration of their employment and maybe a set amount of time afterwards.

As you're supplying the tech I'd also put a clause in about work supplies, software and consumables to only be used for business purposes. I'm pretty sure my contract states that they have the right to check what's on my computer should they wish.

With the working from home while maybe also freelancing I'd maybe bring in something like Toggl or Clockify so that they can track the hours they are working and on what. I've previously had issues with freelancers replying to other client emails and doing small changes for them while on my time. It doesn't seem like much but the odd 10-15minutes here and there add up very quickly over the week.

It’s not unreasonable or unlawful to use a clause preventing employees from working for a competitor (or even working elsewhere at all, if they’re genuinely guaranteed work employees and not zero hours) to protect your business. As a PP has said, it’s very common.

However I think in addition to the type of clause you’re thinking of, you also need post termination restrictive covenants. These could be put in place and can usually last for six months after the employment relationship ends. They can prevent them from working for a competitor, or taking (or even dealing with) any of your clients.

I wouldn’t suggest drafting these yourself as they have to be pretty much 100% spot on to be legally enforceable but I would look to get a professionally drafted contract (by a lawyer, not one of these hideous HR companies that don’t understand contract law or legal construction!)

YANBU

Thanks zzzebra

It’s actually also only just occurred to me that we often sign certain non compete clauses ourselves so am going to have to think about that as well!

Gosh it’s a minefield.

@MrsPinkCock (great username). I don’t think I can - or would even want to- stop them working elsewhere as it’s part time. It is a genuine job - not zero hours just part time ones to start.

I do envisage it either going full time (if the person wants it) or if they don’t - I’ll consider either a second part time or add a FT role.

@Sancarrot

That's ok.

Out of interest do you know if you've had any working parents apply?

I advertised a similar role, and was amazed that none applied. Despite the hours being flexible and the role stating it should fit around school hours should they wish. Lot of students and freelancers applied but that was it. I also found that the freelancers want a salary that was near to their freelance rate and way above the going salaried rate.

You do need to add clauses to protect your clients, but many of your other issues are already dealt with by supplying an additional computer.

If the role is part time you need to accept that there will be occasional conflicts of interest, crossover, etc it’s just one of the downsides. If you want to totally head that off you will need to advertise for someone FT

@zzzebra I’m having the exact same! Obviously you cannot 100% tell by looking at a CV but loads of students and freelancers.
It could be the salary I guess (it’s £25k pro rata)

I'm now quite curious about the role, as it sounds like, if it's the job I think it might be, I'd be interested in.

Not allowing use of the stock images or the reporting system is completely fair, and something any role I've had would stipulate.

Maybe try to look at it from your clients' perspective. Why are you offering a better service than individual freelancers? No one can poach clients who are unwilling to go.

For example, I know that if my accountant had left the practice and offered his services as a freelancer, I am not sure I would be likely to follow - I saw the benefit of being with a bigger practice, e.g. someone is answering calls when he's on holiday, when there's an emergency there's a team jumping on my case, etc.

@StillRunningWithScissors happy to PM you the link (as I’ve NC anyway). Or it’s on LinkedIn if you’d rather have a search for yourself.

Definitely sounds like a job I'd be interested in as I'm looking to get back into the workforce around my 2 children and school/nursery. Would you mind pm'ing me the link please @Sancarrot!

@forinborin a fair point. I think perhaps I’m over thinking it.
I think I’ve just been a bit surprised by the fact tjst almost everyone who has applied has been freelance - not just the odd few.

There's a lot of red flags here that would put me off wanting to work for you. Why not just find a freelancer to work with on a recurring basis? Being in marketing isn't the same as client acquisition (which is usually a one-on-one role and open to poaching) and it worries me that you're conflating the two as it makes me think you'll be equally vague and unrealistic about the results you want from your marketer or that you'll think X number of new Twitter followers equates to marketing success, or (worse) that marketing activities should directly increase sales within a short time frame.