Moonlighting for previous client

[wiggy001]

Let's say for arguments sake that someone had left a consultancy they had worked at for many years and taken a permie end-client role, and a previous client they had worked with as a consultant asked them to do some work for them which could be done in evenings/weekends... what are the pros and cons and things that my friend should consider?

He only left his previous employer recently so is still under a 6 month restrictive covenant, but the client might be prepared to wait until this has expired.

Any thoughts on the legalities, morality and things to consider would be much appreciated.

[anonymous-user]

If the restrictive covenant is timed out, then no restrictions, and if its anything like any of the consultancies I've worked for, they wouldn't hesitate to screw your friend at the drop of the hat, so he/she shouldn't feel guilty in any way.

they should think about liability though, professional indemnity insurance might be necessary

[UpTheIron]

I wouldn't feel any great loyalty to your previous employer if that is a concern, it's business.

What is your previous client's motivation for approaching you rather than getting the same service from the old employer? Does your old employer still offer such services? Have they tried to use them but found the quality lacking?

I suspect the main reason probably isn't due to the relationship they have had with you, but the fact they think they can save some money...

Parking the restrictive covenant for now, the next hurdle is agreeing the scope of the work, how you will do it without affecting your current role and how much you will charge.

Then you need to understand the position with respect to your current employer - will you discuss it with them? What does your contract say? Or will you potentially risk getting sacked?

Then.. actually doing the work. Can it really be done 100% out of hours? How much work are we talking? When and where will you do it? What is the nature of the work - is it possible for something to go wrong that will mean you suddenly end up having to do work during the normal working day too?

[wiggy001]

Thanks both for the responses. In answer to these points:

UpTheIron said:

I wouldn't feel any great loyalty to your previous employer if that is a concern, it's business.

Agreed.

UpTheIron said:

What is your previous client's motivation for approaching you rather than getting the same service from the old employer? Does your old employer still offer such services? Have they tried to use them but found the quality lacking?

I suspect the main reason probably isn't due to the relationship they have had with you, but the fact they think they can save some money...

My friend was the lead consultant at the client for the past 4 years as the client asked for him by name due to him being the best the consultancy had. Since he left the level of service has deteriorated massively. So it is definitely because of the relationship with the individual.

UpTheIron said:

Parking the restrictive covenant for now, the next hurdle is agreeing the scope of the work, how you will do it without affecting your current role and how much you will charge.

Good points to consider.

UpTheIron said:

Then you need to understand the position with respect to your current employer - will you discuss it with them? What does your contract say? Or will you potentially risk getting sacked?

I think this is the bit that makes it a showstopper. I know I wouldn't be too thrilled if an employee was working on lucrative contracts "in their own time".

UpTheIron said:

Then.. actually doing the work. Can it really be done 100% out of hours? How much work are we talking? When and where will you do it? What is the nature of the work - is it possible for something to go wrong that will mean you suddenly end up having to do work during the normal working day too?

It can definitely be done remotely out of hours and is something my friend knows inside out technically and functionally. Rollout can be phased so my friend's contacts at the client are testing it "live", so little risk.

All in all I think it's a non-starter. The thought of topping up the salary with a relatively-easy £25k is tempting but the risk to the current role, and reputation (it's a niche industry) is probably too great.