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Does an employer have the right to know if their employee takes a second job?

11 replies

smallchange · 05/05/2009 20:03

Dh is thinking about getting a temporary second job to help us through a sticky patch. Does he have to tell his employer?

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morningpaper · 05/05/2009 20:04

Normally it says in the contract. The answer is normally yes, but some employers will allow it, as long as you aren't working for a competitor or in a similar company.

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differentID · 05/05/2009 20:05

I think so, because it could mess up his tax/NI contributions.

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flowerybeanbag · 05/05/2009 20:06

It depends what his contract/staff handbook says about other employment. Many employers have something in their contracts or policies about additional employment/outside business interests having to be notified or permission given, or something about restrictions being placed on anything which may impact on work performance.

For example, if your DH is working 40 hours a week for his main employer, and then takes a second job working a significant number of hours, it would be reasonable of his employer to think that might affect his ability to do his job properly as he may not be getting sufficient rest.

Get him to have a look at his contract and the policies where he works about this kind of thing.

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HecatesTwopenceworth · 05/05/2009 20:10

ok, my employer knowledge is rusty and 4 years out of date so apols in advance He'd need to opt out of the WTR, plus you get taxed at BR or the other one - cant remember what the code is) on your second job, so they'd need to know he words elsewhere - he'd need to choose which was his 'first' job, iyswim

plus check his contract because it might have something in it about notifying employer - or even getting permission!!

and of course, if he works in a field where him being fresh and alert is a safety issue, there may be a problem with him doing too many hours.

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smallchange · 05/05/2009 20:11

Thanks.

It does say in his contract that he should get permission but he was wondering if this was enforceable, eg they would have no right to tell him not to stay up playing poker every night until 5am (but could obv sack him if it affected his performance).

Probably best if he tells them then. We'd be in a lot more trouble if he lost his job!

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HecatesTwopenceworth · 05/05/2009 20:11

words? works of course.

and I'm sure there's a missing ( in there too

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Meglet · 05/05/2009 20:12

I think so. But usually so he doesn't go over a certain amount of working hours. I assume its to do with working time directives (or whatever they are called).

He will pay a lot more tax in the second job though. I only have 2 low paid part time jobs but I am taxed almost 25% ín my second.

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smallchange · 05/05/2009 20:13

He works 35hpw and we're talking about a couple of 6-11 back shifts per week so not crazy, crazy hours extra btw.

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HecatesTwopenceworth · 05/05/2009 20:14

Working Time Regulations Meg. WTR

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HecatesTwopenceworth · 05/05/2009 20:16

if his total is over 48 hours per week, he'd need to opt out.

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flowerybeanbag · 05/05/2009 20:44

If his contract says he must get permission then he should do so. It's all very well wondering if they could enforce it or not, but if someone finds out and he gets disciplined or dismissed, you don't want to have to find out by going through a legal battle whether it can be enforced or not, iyswim?

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