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I would like to change employment. As part of the application process the new prospective employer would like me to provide a code sample. I cannot provide any of my work as that is proprietary and/or trade secret. Also there are onerous restrictions in my current contract (some of my work is subject to the Official Secrets Act) which says that my employer owns the IP of any works created outside of my employment.

Should I submit work that I have working on in private in my own studies to my the new prospective employer, and should I inform my current employer that I am doing so or should I keep this secret from him?

My employer doesn't have any right to know that I am looking around. The only right that he has to know that I am leaving is when I provide written notice.

Kate Gregory
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    This seems like essentially a duplicate of Should I tell my boss I'm leaving before going job-hunting?, although I don't really understand the motivation of wanting to tell your current employer in this case. They mostly care about you making money from said works, not using it for other job applications (although whether you're strictly within the law would be a question for a lawyer). – Bernhard Barker Jan 10 '18 at 21:35
  • No, because I am not going to tell them that I am leaving. Its none of their business. –  Jan 10 '18 at 21:37
  • see also: Recruiter is asking for sample code – gnat Jan 10 '18 at 21:39
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    I'm puzzled by the last phrase as well and since we've covered this topic ad nauseam before I'll put this on hold with links to the most relevant questions. You'll also want to read: Interviewee offered code samples from current employer — should I accept? – Lilienthal Jan 10 '18 at 21:39
  • The question here is what are the odds that he will find out, and is it wrong to breach the terms of the contract. –  Jan 10 '18 at 21:40
  • What country are you in? Even though it's in your contract, in most places the claims of intellectual property rights over stuff not done related to work (and exclusive of work-resource-supported activities) get laughed out of court. – PoloHoleSet Jan 10 '18 at 21:45
  • I believe that is in my profile. It even has the state. But that isn't the issue here - what are the odds that this will be found out? –  Jan 10 '18 at 21:47
  • The odds are good that they will know what you've submitted. If what I've watched on television dramas is correct, your type of employer knows everything. So make sure not to duplicate any of the work you've done at your current job for your code submission, and you should be fine. And no, do not inform your current employer. Looking for a new job is perfectly normal, and so is submitting code you've written at home for an interview. – Stephan Branczyk Jan 10 '18 at 23:04
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    @JoeStrazzere the OP would have to be carefull to wrote code that had nothing to do with work esp given the fact they have signed the OS act - even telling some one you have signed the official secret act can be an ofence in its self "allegedly" – Neuromancer Jan 11 '18 at 11:41
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    I think this is roughly either duplicate or asking for legal advice. But a way to sidestep this would be to get permission from your current employer to do an open source project that way you can show your new employer code and not worry about legally dubious contract terms. – Jeremy French Jan 11 '18 at 15:05

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