"Exclusive service" in employment contracts
"Exclusive service" in employment contracts
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Discussion

crofty1984

Original Poster:

17,064 posts

233 months

Friday 30th December 2011
quotequote all
How common are they? Are they actually necessary?

I'm all for avoiding conflicts of interests, doing something that will negatively affect the business, stealing clients, etc.
I get if you work a nightshift in job 2 you won't be able to do your work in job 1 properly the day after.

But surely these are already covered by the relevant rules? Conflict of interest or poor performance in the workplace? Why is it contractually acceptable to go to the pub on a work night and get hammered and turn up the next day hungover, but not to stand the other side of the bar and turn up the next day sober, but £30 better off?

singlecoil

35,825 posts

275 months

Saturday 31st December 2011
quotequote all
I'm guessing that such clauses are there, when they are there, to allow the employer to address a situation that might arise only if they wish to.

jonah35

3,940 posts

186 months

Saturday 31st December 2011
quotequote all
is it legally enforceable? let's say you are a supermarket manager with contractual 9-5 hours but at night you are a taxi driver from 7pm till 11pm - i can't see how you could be disciplined for that?

rog007

5,828 posts

253 months

Sunday 1st January 2012
quotequote all
It's all about protecting your investment, the individual from any resultant safety issues and your customers. If you word things correctly then you have an employment contract and policies in place to avoid/deal with the situations you describe.

GeraldSmith

6,887 posts

246 months

Monday 2nd January 2012
quotequote all
crofty1984 said:
Why is it contractually acceptable to go to the pub on a work night and get hammered and turn up the next day hungover, but not to stand the other side of the bar and turn up the next day sober, but £30 better off?
It isn't, whilst it may not say so specifically, if you aren't fit for work you are in breach of contract

singlecoil

35,825 posts

275 months

Monday 2nd January 2012
quotequote all
It may well be that such conditions are not legally enforceable, after all, an employer is entitled to the hours he pays for, he's not entitled to dictate how the employee spends his other hours.

Might be worth taking advice on if it's something important.