TCLA Vacation Scheme Applications Discussion Thread 2023-24

sxw517

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  • Sep 20, 2021
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    If my employment contract for my current company has a clause in that reads:

    'You are prohibited from engaging, either independently or as an employee, agent, or consultant for any other individual, partnership, or corporation, or as a Director of any entity, in any trade, business, profession, or fee-earning activity during your employment, unless written consent is obtained from a Director of the company. Such consent shall not be unreasonably withheld.'

    I have accepted a VS for this summer, but don't want to let my boss know why I want 10 days off, as I am happy in this career until I obtain a TC - so I have requested the absence 'for holiday'.

    There is no real way they can find out, so should I just chance it?
     

    Jessica Booker

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    If my employment contract for my current company has a clause in that reads:

    'You are prohibited from engaging, either independently or as an employee, agent, or consultant for any other individual, partnership, or corporation, or as a Director of any entity, in any trade, business, profession, or fee-earning activity during your employment, unless written consent is obtained from a Director of the company. Such consent shall not be unreasonably withheld.'

    I have accepted a VS for this summer, but don't want to let my boss know why I want 10 days off, as I am happy in this career until I obtain a TC - so I have requested the absence 'for holiday'.

    There is no real way they can find out, so should I just chance it?
    You could, but you could then also have a disciplinary record that could follow you if you are fired for breaching the terms of your employment. Although references tend to be fairly standard with employment dates and job title, previously employers will often disclose disciplinary actions when they provide references.

    You may also need to disclose such work to the vac scheme firm too, who could then contact your current employer, as any conflict check process. So it is not completely unrealistic that your current employer could find out.

    The safest option is asking your employer whether they can make an exception to the term, but you'd most likely need to make your boss aware of the situation if you did do this.
     

    sxw517

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    You could, but you could then also have a disciplinary record that could follow you if you are fired for breaching the terms of your employment. Although references tend to be fairly standard with employment dates and job title, previously employers will often disclose disciplinary actions when they provide references.

    You may also need to disclose such work to the vac scheme firm too, who could then contact your current employer, as any conflict check process. So it is not completely unrealistic that your current employer could find out.

    The safest option is asking your employer whether they can make an exception to the term, but you'd most likely need to make your boss aware of the situation if you did do this.
    I worry, as I'm progressing well in this role and explicitly said in my interview, when asked about the SQE course and PgDL I had taken, that I was no longer interested in a career in law. Telling them 1.5 years down the line that I want time off for what is essentially a job try-out, won't go down well at all.
     

    RonRod13

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    Nov 18, 2023
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    I worry, as I'm progressing well in this role and explicitly said in my interview, when asked about the SQE course and PgDL I had taken, that I was no longer interested in a career in law. Telling them 1.5 years down the line that I want time off for what is essentially a job try-out, won't go down well at all.
    Your best bet is to just take the risk and request time off as a holiday. The chances of your current employer finding out are slim to none.

    Theres absolutely no point disclosing the vac scheme to your current employer because then they will obviously know that you’ve got one foot out the door which isn’t a great look. And if you don’t convert the vac scheme then you’re in an even worse position than you started.

    The safest option is not always the best one…
     

    sxw517

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    Your best bet is to just take the risk and request time off as a holiday. The chances of your current employer finding out are slim to none.

    Theres absolutely no point disclosing the vac scheme to your current employer because then they will obviously know that you’ve got one foot out the door which isn’t a great look. And if you don’t convert the vac scheme then you’re in an even worse position than you started.

    My thoughts exactly, I'll be like a bad smell in the office.
     

    Jessica Booker

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    Theres absolutely no point disclosing the vac scheme to your current employer because then they will obviously know that you’ve got one foot out the door which isn’t a great look. And if you don’t convert the vac scheme then you’re in an even worse position than you started.
    Well there is a point if there is a risk of the employer finding out anyway. The concept that there is a slim to none chance of being found out is incorrect.

    A bit factor in this is what type of industry you are currently working in. If this is a regulated industry (banking, accountancy) or in a major public sector organisation like the Civil Service, or in any competitor/organisation where conflicts could be an issue, this becomes an exceptionally larger risk someone would be taking.
     

    sxw517

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    Well there is a point if there is a risk of the employer finding out anyway...

    A bit factor in this is what type of industry you are currently working in. If this is a regulated industry (banking, accountancy) or in a major public sector organisation like the Civil Service, or in any competitor/organisation where conflicts could be an issue, this becomes an exceptionally larger risk someone would be taking.
    It is in one of the aforementioned sectors, we often work with other law firms as well, which makes a conflict check even more likely.

    I'm really not sure what the best course of action is, I'm going to email grad rec and see what they say.
     

    Jessica Booker

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    It is in one of the aforementioned sectors, we often work with other law firms as well, which makes a conflict check even more likely.

    I'm really not sure what the best course of action is, I'm going to email grad rec and see what they say.
    They are going to tell you to disclose it to your employer. Could the vac scheme firm offer you a direct TC process instead?
     

    Bolade

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    Mar 22, 2024
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    Hii @Jessica Booker Wanted to ask what the difference is between - "Why do you think we should consider employing you?” and “What experiences (if any) have you encountered to date that you feel may be brought with you to the firm and from which we may benefit?” and how to go about both?
     
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    sxw517

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    They are going to tell you to disclose it to your employer. Could the vac scheme firm offer you a direct TC process instead?
    Yes, but the deadline for this has now passed. I'll email and ask if I can switch to that. I'm hoping I won't have to do all the stages again.

    Seems like the only option really, as I don't want to shoot myself in the foot with my current employer.

    Thanks, Jessica!
     

    ErickLawson2020

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    Dec 10, 2023
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    Well there is a point if there is a risk of the employer finding out anyway. The concept that there is a slim to none chance of being found out is incorrect.

    A bit factor in this is what type of industry you are currently working in. If this is a regulated industry (banking, accountancy) or in a major public sector organisation like the Civil Service, or in any competitor/organisation where conflicts could be an issue, this becomes an exceptionally larger risk someone would be taking.

    What if the current role is in another country?
    Will that make things like conflict check slightly better?
     

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