In today’s working society, especially after the Covid-19 pandemic, there is an increase in zero-hour contracts and casual working arrangements.
Secondary employment is now more favourable amongst many. However, double jobbing does have its implication.
Can an employee have a second job?
In legal terms, there is nothing to stop an employee from getting a second job however the employee must consider their working contract with the primary business as the contract terms and conditions may prohibit taking on second workplace employment.
What if the working contract does not mention prohibiting a second job?
Depending on what the primary job is, there may be an issue with confidentially and trust that could pose a threat to the business. If the employee ignores this then the employers may have grounds for dismissal based on the employee being a risk.
What about the shift patterns between 2 jobs?
If any employee is double jobbing it then becomes the responsibility of both employers involved to ensure that the employee does not work more than a 48-hour week. This falls under the Working Time Regulations 1998 whereby the employee must have the correct rest period between shifts.
What would be a conflict of interest?
When employees take on a second job, they can also run the risk of a conflict of interest. You should decide which is your primary job, but both employers MUST be aware of your other employment. When a scheduling conflict comes up, you should always choose the primary job for priority.
Can double jobbing affect the productivity level of the employee?
Employers are investing in their employees, and they want them to be working at peak performance and continuing to be the most productive. If you are double jobbing, you are likely to get burned out and let your work quality slip. Then suddenly, your employer is paying the same amount of money for sub-par work, not to mention you may pose a health and safety risk if you have taken on too much leading to a lack of concentration.
If the employee’s double jobbing starts to have a detrimental effect on the quality of work being produced within the primary job and there are reasonable grounds upon which to base such a belief, then the employer is well within their rights to address the issue. This will preferably be through informal discussions and arrangements with the employee, but formal capability or even disciplinary proceedings may be appropriate where the situation endures.
If you feel like you have been treated unfairly at work, you may need the services of employment law specialists. H McPartland & Sons offer specialist advice on employment law for individuals facing issues such as constructive dismissal, disagreements over employment contracts, or if you simply have questions about employment laws and employee rights at work you can contact us to find out more.
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