A recent survey by Aviva found that since March 2020, 19% of employees have taken on more paid work in addition to their main employment.
With the cost-of-living rising and Christmas approaching, more employees are looking for additional work to earn more money, but what does this mean for employers?
Is working more than one job a new trend?
Although taking on additional work is not new, it is getting easier for employees to do this, with improved technology and the increase in remote, flexible and hybrid working.
Can employees legally engage in a second job?
Legally, there is nothing to prevent an employee from taking on two more jobs and it is not a breach of their contract of employment.
What are the negative effects of a second job?
It is much easier now, especially for those working fully remotely, to be able to take on two or more roles at the same time and keep this a secret from their employers.
Where employees work long hours to accommodate different roles, whether they are contractually employed in any of those roles or working on their own entrepreneurial activities, they are more likely to become overly tired. Fatigue can result in a lack of concentration, poor performance and ultimately poor health. Poor performance may lead to disciplinary action, especially where employees are not honest about their additional activities.
What are the benefits of additional roles?
Employees may have skills that are not being used in their normal working life, which they enjoy and can earn money from elsewhere, improving their overall motivation and mental health.
Alternatively, employees may learn new skills when taking on additional work, which may be beneficial for their other roles.
Does this breach the working time directive?
The working time directive regulations state that the average number of hours employees should work as a maximum is forty-eight. The regulations also state that adult workers should have a rest break of 20 minutes every six hours, a rest period of 11 consecutive hours in 24 hours and a weekly rest period of at least 24 hours.
Employers are responsible for ensuring the health, safety and wellbeing of their employees, which includes managing the maximum number of hours their employees work. This is not easy when employees undertake multiple roles and the working time directive can be easily breached.
Should employers be concerned?
Employees working two or more roles, could use an employer's intellectual property, supplies and work equipment for their other roles. There could also be conflicts of interest and breaches of data protection, which could reflect badly on the employer's brand.
Employers may have concerns about their employees not working their normal hours of work and may decide to monitor their activities more closely, in particular, for those employees working remotely. Where employees are found to be breaching their terms and conditions of employment, an employer may consider disciplinary action, up to dismissal.
Employers' policies may, however, contain provisions that stop employees from carrying out secondary employment without them obtaining written permission in advance. They may also impose restrictive covenants to ensure employees are not able to work for or set up a business in direct competition.
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SWan HR is an HR consultancy that specialises in HR support for small to medium sized businesses in the South East.
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SWan HR provides a broad range of tailored HR services including an HR audit, HR advice, HR outsourcing, HR coaching and project work for all businesses.
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