Can a part-time job demand I don't do any other work at all?

[SonyDreamMachine]

I have just started a new p/t job in comms but as an employee not a contractor having been freelance for many years. It is NOT well paid for what I am worth but we need the money. And there was a part in the contract about not being able to work for competitors after I left the company etc but also about not being able to work in the county afterwards. which I fought and she took off but I didn't really "notice" this other part
but the MD is being tricky now about what I am doing on my other days...
I am 100% not trying to get other clients on my days off just doing what I told her I had which is two other clients.
I have looked again at contract (which I have signed) and now worrying.
This is a bit much for three day a week right?

Advice gratefully receive.

From that yes, it looks like they can stop you

I'm not sure they can enforce this term. Do you have legal cover on your house insurance? If so, I would ask for advice from an employment solicitor

What advice are you after here?

You've clearly signed a contract to those terms.

Ring ACAS they should be able to advise.

Seek legal advice.

It's a fairly standard clause in an employment contract but it seems very unfair if you're part time. You might need to keep job hunting if your boss is being tricky over this!

It would be different if you were going to work say in a pub, or shop, or cafe on your other working days. Very standard wording on many contracts I've had - they don't want you working for the competition, or BEING the competition, if you are carrying out the same work that you do for them, privately.

I work 3 days a week and my contract specifically says I cannot hold any other employment without the written permission of the directors. I don't think it's unreasonable TBH - I do have another p/t role and both employers are fully aware and in agreement but I wouldn't do it if they weren't. Depends if there's any conflict of interest which may not just be competition, they wouldn't want employees working nights and being too tired to focus on the day job for example.

Yes

What is the MD saying/doing?

It doesn't say you can't it just says you need permission, I imagine it's all about conflict of interest so I can imagine they wouldn't be happy. However if you want to earn extra money on a supermarket checkout they probably wouldn't have an issue.

You need to ask permission. They may agree if there is no conflict. This is similar to many contracts, not only if you plan to do the same role freelance or for another employer,

Terms are not enforceable just because someone has signed a contract. Contracts must be fair and legal, so presumably OP wants to know if that's the case here.

Yes, if you sign, but you don't have to sign the contract.

And anyway, they say you need to ask permission, not that you can't. Sounds like they just want to be sure you aren't working for a competitor.

The prevails over any contract.

I'd say it's unreasonable to pay part time hours but demand full time commitment. But it depends what what, if there's a conflict of interest it's understandable.

I work in HR and yes, if you are an employee then this would be enforceable and a breach of contract. In reality though, these clauses are to protect the company from you working for a competitor and/or they want to ensure your focus is on the job they have employed you to do. It doesn't say you can't, just that they need to agree. Given you are part time if they are not willing or able to increase your hours then it's reasonable for you to look to fill that time with other work so I would speak to them about what work you have in mind which they may be fine with. However, if not then with less than 2 years service you have limited options if they end the contract other than claiming an indirect discrimination link (ie the clause disproportionately impacts part timers who are more likely to be women)