Quote: Original post by Obscure
Most companies have a non-compete/we own your IP clause in their contract. With bigger firms like EA it will be hard to get around this but many smaller/medium companies will negotiate this out or will agree that you can do your own stuff, provided that it doesn't directly compete. A team working on a console racing game probably won't mind you doing casual games in your spare time, but a casual/mobile developer would see it as competition and not allow it. Talk to the HR person before you sign the contract.

Under UK law such clauses are very hard to enforce, so unless you're really hurting them they are unlikely to pursue it.
I know of at least one person working for a major developer who was also publishing commercial mobile phone games in his spare time without the company bothering him.

Quote: Original post by Jerax
Under UK law such clauses are very hard to enforce, so unless you're really hurting them they are unlikely to pursue it.

I know of someone whose employer did pursue them and the cost of that unlikely event was £5,000 in legal fees to get them to leave him alone. Talking to your prospective employer and asking them to clarify their position/remove the clause will cost you nothing. Arguing about it later (even if it doesn't go to court) will cost you thousands in legal fees.

Even a nice employer may feel hurt or turn nasty if they find out, after the fact, that you have been moonlighting. If a clause exists in a contract you must assume that it will be used in some way. If it isn't going to be used then the employer should be willing to remove it or give you written permission to produce a non-competing product.