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With the current cost of living crisis, it is increasingly common for employees to have a second income source in addition to their main job. Research conducted in August 2022 by the pensions company Royal London found that one in six staff had taken a second job to help pay for cost-of-living increases.
In cases where an employee wants to take a second job, the starting point will be the employment contract. As long as the second job does not interfere with their role, employers are unlikely to be able to be able to prevent an employee from working elsewhere if this is not in the contract.
Even if employers are prepared to relax policies on second jobs, it is still prudent to include a clause in the employment contract requiring staff to seek consent if they wish to take a second job. This will mean that the employer will be told about the second role and will be able to refuse the request if the new job is inappropriate, for example due to the working hours. The contract should also expressly state that the second role should not interfere with the employee’s ability to carry out their primary role.
The Royal London survey referred to above found that 28% of workers were working more than 48 hours a week and 19% were working more than 56 hours, with younger workers more likely to be working longer hours. These statistics demonstrate the need to require staff to keep their employer informed about their working hours in other jobs, to ensure compliance with the Working Time Regulations, and in case there is a need for them to opt out of the 48-hour week.
Following on from this is the need to avoid staff burn-out, employers have a duty of care to provide a safe workplace, and this includes the need to manage and avoid the risk of stress. According to the Royal London research, 42% of those working the longest hours still felt unable to pay for their basic needs or were finding it much harder. Further, a recent Acas survey found that the mental health of 47% of employees had suffered due to the increased cost of living. With this in mind, it is essential that employers have robust stress management processes and support in place, and that managers are properly trained to recognise stress with strategies in place to manage this.
To speak to a member of our Employment team, please call 01689 887 887.