Is It Legal For An Employer To Ban An Employee From Going Somewhere Outside Of Work Hours?

[krismosel]

My friends are reps for a club and are told they are not allowed to go to a rival club, and that if they do they will lose their jobs.

[bednobs]

i think it's entirely dependent on the circumstances - when i was a nurse, there wweere certain things we were not allowed to do, lest we bring the profession into disrepute (one thing that springs to mind is a nurse who was reprimanded, and maybe more after appearing in a pro-hunting advert in her uniform)

[DJHawkes]

would that include when they were on holiday? Like to see them write it into the terms and conditions. It's in our terms and conditions that we can't share sensitive information outside of work like security information or commercial plans, but noone can stop you spending your own time and money wherever you like.

[sunny-dave]

Not true Dot - many contracts can (and do) place restrictions on "out of hours" activities.

As long as the restrictions are not excessively onerous and can be reasonably justified (in this case by referring to the reputational damage a club might suffer if its employees preferred an alternative establishment on their night off) then as long as the employee agrees to the contract the restrictions would be entirely legal.

The catch-all "bringing the employer into disrepute" is harder to enforce, but can still be made to stick in obvious cases (I seem to remember a pole-dancing teacher getting nto a lot of bother?)

[factor-fiction]

Is your contract covered by UK employment law? If so, a relevant factor could be how long you've worked there. If it's less than a year (now changed to two years) they can dismiss for almost any reason and this would include going in rival clubs

[DJHawkes]

yes but 'out of hours activities' that would affect a persons job surely means other paid employment or illegal / criminal activity or activity that would jeopardise the integrity of the employee. Visiting another club cannot be categorised as any of those, does that mean that you could not attend a family celebration like a birthday/wedding/engagement? it is resitrictive and unnnecessary and unrealistic,

[tamborine]

Yes, if it affects their business integrity.

[DJHawkes]

actually, re-reading this OP, I think these reps are abroard in a holiday resort.

[FredPuli43]

"Bringing the employer into disrepute" is like the so-called "morality clause"; vague and usually unenforceable , if only because it is so difficult to define. A contracted party must be able to understand what the particular term means and any argument arising over definition, any ambiguity, will be resolved or interpreted against the party (here the employer) seeking to enforce it: the 'contra proferentem' rule.

The term about not visiting rival clubs is only enforceable if the employer can demonstrate that doing so is detrimental to his business (i.e "reasonable"). Frankly, it's not easy to see how simply going to another club is detrimental. But, being practical, who wants to end up in a tribunal after they've been wrongly dismissed because of it, even if they win easily? It's hardly a great sacrifice to go along with it.

[krismosel]

we're university students and my friends have been working for this club company for a year now but only now are they banning them from going to this rival club night.

[factor-fiction]

Is it important for them to go? Sometimes it's better to keep your manager on your side.
I'd need to check whether the period before dismissal can be made for almost any reason is 1 year or is now 2 years in this case

[FredPuli43]

That makes one wonder what has been happening, that the employer suddenly decides that this rule is necessary !

[DJHawkes]

yeah as often happens, a third party story is perhaps not giving the facts.

[krismosel]

so its ok for their employer to dictate where they go outside of work hours as long as its of their business interest?

[FredPuli43]

Depends what they do, kris. A salesman who used his spare time to contact bosses of rival companies and tell them what his employer had planned, and what firms were being contacted, is very likely to be in breach of such a term!

[Eve]

I wondered the same as fred, whether there was a particular factor in the decision to ban them now.

[krismosel]

well, the club they worked for had a really popular thursday nights but this new one came about and took all their employers business for a thursday so they're saying they can't go to this new one on a thursday.