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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think my DH’s employer doesn’t get to dictate my career?

168 replies

ClearMountain · 09/03/2021 11:21

DH works in web design which doesn’t necessarily require formal qualifications as long as you have good skills. I’ve previously worked in min wage hospitality and as we all know that’s gone down the toilet. So DH had the bright idea that he could teach me some of his skills and I could start freelancing from home. It seemed like a good idea because we can’t afford for me to do a degree like DH did.

For most of the past year, when I haven’t been homeschooling I’ve been studying. DH has been directing me to good tutorials and books, checking my work, and teaching me personally on a weekend. I’m nowhere near his level but I’m ready for some simple freelance projects. I’m currently attending a small business accounting course online and working with a business adviser that’s funded by a local council scheme. Great stuff, feeling positive about my future.

DH’s employer sometimes gets asked to do bits of work that are too small for them to bother with, so they redirect the client to a trusted freelancer. I asked could I be on that list? DH said he’d ask his employer but he thought it would be ok because his colleague’s Ian’s wife is on the freelance list.

DH’s employer said no. Ian’s wife is on the freelance list, but Ian works in accounting so he’s not doing the same work as his wife does, therefore there’s no conflict of interest. But DH works in web design so there’s a conflict of interest between his job and my small business. Fair enough, I guess I can’t be on the list.

This morning the employer has pulled DH into the office and said not only am I not allowed to be on the freelance list, I’m also not allowed to run my own small business at all. He feels that there’s no way DH will have absolutely nothing to do with my business - he’s bound to help me out a bit on a weekend if I’m busy, or advise me on an evening if I get stuck on a bit of coding, or take a day’s holiday and help me with a big project. Which means that instead of DH giving his employer 110% as he currently does, he’ll end up only giving 100% and giving me the other 10%. And that’s not good enough. And god forbid if I was successful and got loads of projects, DH might actually quit his job to work with me and expand my business, and that is unacceptable.

DH said I don’t think you can dictate what I do outside of work hours and you certainly can’t dictate what my wife does? The employer said if your wife goes ahead with starting this business I’ll sack you!

So we are in a shitty position now because we need DH’s salary and can’t afford for him to get sacked. But I’ve put a huge amount of work into starting a small business for myself and I’m absolutely devastated because someone I’ve never even met has just said Nope, you’re not allowed. Surely this can’t be legal?

OP posts:
AndAPartridgeInABearTree · 09/03/2021 12:35

You definitely need to pay for legal advice. The boss sounds completely un self aware and is unlikely to listen to polite negotiation.

TurkeyTrot · 09/03/2021 12:38

What does it say in his contract?
Mine states very clearly that I'm not allowed to work for anyone else without express written permission, and that includes voluntary work.
It's all about conflict of interest.
Your DH employer is not unreasonable to think that DH might help or advise. Hard to prove either way, admittedly.
But they can't stop you working.....

B33Fr33 · 09/03/2021 12:40

They need to actually back up their "might" with has before they get bitten on the arse.

  1. How has his work been quantifiably impacted (And not this bs can't do simple maths 110% crap).
  2. Where is the list of clients?

They cannot make up claims against his work record that might happen, anything going forward that he then gets turned down for he would be right to query.

They cannot decide what work you do. They can and will by the sound of it side line him.

stablefeet · 09/03/2021 12:42

I think speak to ACAS given the length of his service. I'd also try to get something in writing - he could email his boss and say something like "Can I just clarify what we discussed please? Are you saying that if Cleat goes ahead with her plans to set up a business I can no longer work here?".

NoSquirrels · 09/03/2021 12:47

in the long run he might have a family business that could allow him to escape from working for them.

Well - yeah. It’s not the 110% thing. If they feel there’s a drop in output or standard they would deal with that.

They think he will leave to run this business of ‘yours’ and it is a very reasonable assumption.

The company and boss sound terrible and your DH should have been looking elsewhere for a while. In the end it’s your choice - the same one as before, having settled for the extra salary over integrity of boss/treatment of employees - that you either prioritise your DH’s income or you don’t and deal with the pay cut.

If I were him I’d let this lie and agree, help you with technical stuff etc in free time but be squeaky clean on paper & no recommendations to company clients and look elsewhere as soon as possible.

The company can’t tell you what to do. They can’t sack your DH without legal ramifications and stressful employment tribunals. But they can make his life shitty.

Comefromaway · 09/03/2021 12:47

@ClearMountain

how can they tell him that his wife can’t work in the same industry, that’s insane?! That’s what I thought. He actually said that’s ridiculous, what if I’d married someone who was already a web designer? And his boss said it wouldn’t have got that far because as soon as I realised your girlfriend was a conflict of interest I’d have told you to dump her or be sacked.
Can he get that in writing?
RB68 · 09/03/2021 12:54

They can stop him being involved (in so far as paid work etc or directing clients) but they can't stop you doing it. It is unreasonable. If as you say he is their leading light then maybe he needs to start making noises about unfair terms and conditions and looking to go freelance himself. Its a leap that not many regret if he is that good. Check his contact for notice period and any exclusion (ie can't work in x industry for x mths) (although its also debatable whether that is reasonable exclusion unless they are paying for that exclusion time. )

You are not directly competing at all with them as your clients and the work you do are not something they take on, and in fact clive in accountings wife (or whatever their name was) will be on shaky grounds as well and they may have to take any employees relative off that list as if there is a COI for you and DH then there is also for anyone else whether or not they are doing that work. FURTHERMORE check the contract about doing the same work in their own time.

Oh and Work to rule for him going forward

AIMD · 09/03/2021 12:54

I can’t imagine there is anyway they can dictate what you do and don’t do. Our not their employee.

Ha he got it in writing that he’ll be sacked if you start up your own business? It was that said to him verbally?

Sounds like a bloody awful company to work for. Whatever happens I think he should plan a move to a better company.

grapewine · 09/03/2021 12:55

Are you the poster who posted not so long ago that you wanted your DH to teach you this coding/web design or whatever it is and get smaller contracts for you

I remember that thread. Waa that you, OP?

Moondust001 · 09/03/2021 12:58

@Rainbowshine

We’d need to see the clauses in his contract of employment about intellectual property, competition, conflict of interest and other employment. You would be better off contacting ACAS as you don’t want to post a contract onto a web forum.
This - but a lawyer. ACAS cannot give legal advice to you - and they often give out incorrect advice too, which they cannot be held accountable for. Do not depend on anything anyone else tells you - it actually is possible for an employer to require such terms, and whether they have or not depends on the contract (which could include other documents, not just what you think of as a contract). Don't risk his job to find out a bunch of strangers on the internet were wrong!
LakieLady · 09/03/2021 12:58

@SunnySideDownBriefly

Can you play the game? I think it's ridiculous but, as you say, your husband needs this job.

Could you put your company in someone else's name and remove any mention of names for your company? I'm guessing that it's a small company that your husband works for if they're so concerned about this.

Exactly what I was thinking!

Get the company registered at a different address and use some trusted family members as directors/secretary.

IndecentFeminist · 09/03/2021 12:59

I remember you posting previously, your dh was very against this as you seemed to think it was easy and he could just teach you a few bits in his own time while you could then rake it in.

Was that you?

TitusPullo · 09/03/2021 13:00

This so ridiculous, I work for a huge firm, partners of that firm are often married to partners of our direct competition. It’s normal.

Nith · 09/03/2021 13:01

Can you set up in such a way that it's difficult to trace that it's you? E.g. use an accommodation address and separate phone line, put your business into another company name, etc?

Stompythedinosaur · 09/03/2021 13:02

I'd be suggesting your dh reply offering assurance that he is not intending to start freelancing work which is a conflict of interest, and then you do what you like.

If his company has an HR dept I might consider asking the manager to clarify the conversation in writing and raising it.

MyLittleOrangutan · 09/03/2021 13:04

So they can't stop you, they literally have no control over you whatsoever. But they can't know your husband helps you at all. He's not allowed, by his contract, to compete with his employer. Just make sure he never mentions your work to them, asks for time off to help you etc etc
They can't sack your husband for being married to someone who does the same job as them. If they ever threaten him again over benign crap like that he needs to just say that it would be unfair dismissal and he could sue them, and that considering how long he's worked for the company and the knowledge he has, surely they're better off with him as their employee rather than forcing him to be a competitor.

LookItsMeAgain · 09/03/2021 13:07

@ClearMountain

how can they tell him that his wife can’t work in the same industry, that’s insane?! That’s what I thought. He actually said that’s ridiculous, what if I’d married someone who was already a web designer? And his boss said it wouldn’t have got that far because as soon as I realised your girlfriend was a conflict of interest I’d have told you to dump her or be sacked.
And his answer to that should have been HAHAHAHAHAHAHAHAHAHAHAHAHA! HAHAHAHAHAHAHAHAHAHAHAHAHA! HAHAHAHAHAHAHAHAHAHAHAHAHA!
SandyY2K · 09/03/2021 13:08

?And his boss said it wouldn’t have got that far because as soon as I realised your girlfriend was a conflict of interest I’d have told you to dump her or be sacked.*

Wow... I'm shocked at the dump her comment. That's skating on thin ice.

You need legal advice, but in the meantime, your DH shouldn't mention you and your career again.

I do think it was wrong to mention you being on the list in the first place, as that's such an obvious conflict of interest and puts you at an advantage over others on the list.

randomlyLostInWales · 09/03/2021 13:09

Get a copy of his contract and get some legal advice. A good employment lawyer will be able to answer this for you in an hour. He needs to get this threat in writing - he should email his boss and confirm everything he was told. This starts to lay a paper trail for any unfair dismissal.

This is good advice though I really don't think the company has in anyway dictate to you.

I would say though DH worked in IT - as part of a big redundancy thing and go way nice package from one company they paid for an employment lawyer to go through what he was being asked to sign.

According to employment lawyer a lot of the worrying clauses in the contract were completely unenforceable under UK law - mainly the stuff put restictions on him going forward. Apparently it's very common for unenforceable stuff in be in contracts Confused.

Potterythrowdown · 09/03/2021 13:10

I remember your last post. Lots of people advised it was a risky move setting up in exactly the same field as your DH and that you needed to build up your own profile first before approaching his employer as a freelancer.

I can see why his employer might be concerned.

harknesswitch · 09/03/2021 13:11

His employer is being utterly ridiculous!

G5000 · 09/03/2021 13:15

Apparently it's very common for unenforceable stuff in be in contracts

You wouldn't believe how common. I've worked for big, reputable companies where the legal and HR happily agreed that some sections of the employment agreement template were not worth the paper they were written on, and no court would ever enforce them. But as long as employees didn't know that..

InescapableDeath · 09/03/2021 13:16

I would consider it a conflict of interest if he had any authority over hiring you or recommending you for lists - this would be a CoI in many places.

If I was your DH for now I would say 'she's decided not to pursue that career for now' and don't mention it again.

If all along you were hoping he would get you work, that could be an issue.

If you can slowly build up your own career independently, that might be okay.

randomlyLostInWales · 09/03/2021 13:17

I do think approaching his employer as a freelancer. was a very bad idea especially if you weren't very established.

I do think you need paid for proper legal advice going forward.

ThinkingIsAllowed · 09/03/2021 13:20

they are being silly, but you also should have thought about it from their perspective before approaching them