Second jobs are increasingly popular, with the current rise in the cost of living resulting in people looking for ways to boost their income.
Remote working and flexible working have made it easier than ever for staff to work two jobs, to the extent that it could even become the new norm in some sectors. Other reasons why employees take on secondary jobs include monetising a hobby or learning new skills.
This month, we explain the practical and legal implications of employees working two jobs and look at the relevant obligations of employees and employers concerning additional employment.
Are Employees Allowed to Work Two Jobs?
It is not illegal in the UK to work two jobs, but any employee doing so needs to act within the constraints of any employment contract in place. Some contracts may expressly prohibit having a second job or require the individual to have written permission to do so.
Most employers would not usually seek to prevent their staff from undertaking any form of secondary employment but instead place limitations on it, for example, by prohibiting employees from working for a competitor, to reduce the potential for conflict of interest.
Despite this, even if a second job was not prohibited in the employment contract, it could still amount to a disciplinary action or a gross misconduct matter, if your employee neglects their responsibilities, if a non-compete clause that prohibits them from either working directly or indirectly for a competitor has been breached, or if other policies, such as IT policies, have been violated.
The Risks Associated with Double Jobbing
One of the practical implications of your employee working two jobs is the potential for conflict of interest for your business.
If the employee is working a second job within the same or similar industry, there is a risk of their second job interfering with your business or them taking advantage of their employment with you to access clients or particular software that you possess. Similarly, there are risks of confidential and sensitive data being leaked to that competitor that could damage your business.
If an employee is working two jobs, there is also the genuine risk that this will negatively impact their work performance because they are overworked and tired from working long hours. This can quickly affect employee engagement and productivity.
Legal Implications to Consider
There are also important legal implications involved with double jobbing that also need to be taken into account.
Double jobbing could pose a potential risk to health and safety in the workplace because tired and overworked staff are much more likely to make a mistake and cause accidents. This is particularly relevant in certain sectors, such as healthcare or where staff are required to operate machinery, as human error caused by exhaustion could be life-threatening. This poses a risk to their own health and safety as well as that of others. It also increases the risk of stress-related illness, and you, as the employer, are potentially liable for the consequences of this.
The Working Time Regulations 1998 (the Regulations) require most employees to work no more than an average of 48 hours a week (unless they have opted out of these provisions in writing) as well as sufficient rest breaks. The 48-hour legal limit applies to each worker, irrespective of how many jobs they have, which may result in you breaching the Regulations if an employee is working two jobs. In such circumstances, both employers are responsible for ensuring that an individual does not exceed the maximum weekly working hours.
The Regulations also contain stringent rules around daily and weekly rest breaks, which ensure that workers are entitled to eleven consecutive hours of rest between shifts and an uninterrupted period of twenty-four hours each week without any work or an interrupted forty-eight hours each fortnight. The difficulty with an employee working two jobs is, therefore, making sure that they get the rest breaks required by the law.
As a result, there is sufficient reason for you, as an employer, to want to manage or, at the very least, be made aware of when an employee has a second job.
Does My Employee Need to Notify Me of Any Additional Employment?
This depends on what is set out within your contract of employment as there is no statutory obligation for employees to inform their employer of a second job.
It is good practice to have a contractual requirement that employees inform you of any second job so that you can manage any competing interests and your legal obligations accordingly.
For example, once you are made aware of secondary employment, you can take steps to ensure that the employee either signs an opt-out agreement as per the Regulations and/or that their hours are decreased to meet the 48-hour limit. It also allows you to ensure that staff have sufficient rest breaks in between shifts.
Where an employee is required to notify you of any second job and the hours undertaken each week, a failure to do so could give a legitimate basis for taking disciplinary action against the employee.
Practical Solutions to Follow
At the start of the employment relationship, it is possible to agree on a contractual provision that prevents a new employee from obtaining a second job. Such provisions are not uncommon for senior-level employees who are often being paid to dedicate all their time and energy to one business and are more likely to hold important confidential information about their employer.
It is also reasonable to include a provision prohibiting employees from having a second job that would raise a conflict of interest.
However, given the current economic climate, where many employees are in the position of having to find additional ways to top up their existing income levels, it is unreasonable to place a total prohibition on all staff taking a second job. Such provisions will only lead to an unhappy workforce and poor employee engagement.
Instead, a better approach would be to facilitate open communication with your employees, so that staff feel comfortable discussing other work with you. This will ensure that you are aware of any additional employment they may take on. In many cases, the contract of employment will, in any event, require the employee to notify their employer or seek permission if they decide to work a second job. In this way, you can take steps to confirm you don’t fall foul of the law and maintain safe working practices while giving your staff the freedom to earn an additional income.
If you would like advice on the implications of double jobbing or would like us to amend your staff contracts of employment to reflect your business and legal requirements in respect of employees obtaining second jobs, contact our expert employment team today via email us.
For media enquiries or to arrange an interview with a spokesperson to discuss this topic, please email lhoneghan@witansolicitors.co.uk or call 0121 818 7946.
