Straw and Rifkind show the problem of managing staff with “second jobs”

There’s been much schadenfreude in the exposure of two former high ranking government ministers, Sir Malcolm Rifkind and Jack Straw, touting themselves for business and offering to sell their “influence” to a fictitious Chinese company. (In the interests of political neutrality one is from the Conservatives, one from Labour).  It’s provoked a debate about whether MPs should be banned from holding second jobs.

MPs aren’t employees. But the same issue of whether an employee can hold a second job is one I am often asked. So what is the situation?

Firstly, you can’t impose a blanket ban on individuals doing work when they aren’t working for you. Individuals have a right to spend their time outside work in whatever way they wish, which includes earning money. However, you do have a right to ensure that they are not doing anything which could damage your business –so you can legitimately prevent them from working for a competitor, or other organisation which might want access to your commercial information (a supplier or customer for example). As with all these things, should matters be challenged by the employee, you’d need to show that there was some clear impact on your business.

You can also prevent an employee from doing other work if it would stop them from working for you. So if someone wants to do an evening job starting at 6 but isn’t due to finish their shift with you till 7, then you can of course also prevent them from doing this.

The third key area is Health and Safety, particularly (and ironically given how much some employers seem to hate them) via the Working Time Regulations. These lay down the rules about the maximum 48 hour working week, rest breaks and time between shifts. If a member of staff works 35 hours a week for you (9 to 5 Mon-Fri say) and then wants to do 20 hours a week in a bar (say a four hour shift Wednesday/Thursday/Friday/Saturday/Sunday) you could try to prevent them from doing so on the grounds that they are working 55 hour weeks possibly without sufficient rest between shifts. Again, if you can show a clear safety risk (they operate machinery for example) it’s easier to do this.

With the advent of flexible working, zero hours contracts (where all parties have pledged to outlaw exclusivity clauses that prevent people from working for someone else), increased numbers of part-time roles and the growing number of “in-work poor” mean that for many employers, their staff may well have more than one job. Managing such situations may become increasingly common.

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