Recent research has found that up to 47% of employees in the UK are considering taking on further work in order to better manage the cost-of-living crisis, so your client is not alone in being asked this question. Below are some key considerations we suggest you encourage your client to think about, and the steps we recommend they take.
1. What does the contract say?
The first thing to consider is the contractual wording. Does it deal with other work? The following are typical examples of when this might be the case:
– A clause requiring consent to be obtained prior to taking on any additional work
– A clause prohibiting work that either directly competes with their employment, or would detract from their performance in some way
– An exclusivity clause prohibiting the employee from working elsewhere.
Your client should discuss with the employee the nature of the work, and how and when it will take place. This information will need to be assessed alongside relevant contractual wording. However, employers should be reminded that they can only limit what employees do in their own time if reasonable and proportionate to do so, such as where it is necessary to protect business interests.
2. Why are they looking to take this work on?
Employee wellbeing is of paramount importance: employees in danger of burning out or being placed under undue stress are at risk of reduced performance and absenteeism. This employees request may be a flag to their line manager that they are struggling and could be at a higher risk of stress related issues.
If an employee is struggling financially, or are worried they might in the future, then automatically forbidding any other work is likely to cause more stress and worry. The manager should approach this carefully, and with sensitivity to the situation, considering this seriously and dealing with it reasonably. The manager should also signpost internal or external support the business offers, such as access to an Employee Assistance Programme or financial wellbeing tools, training or information.
3. Is it going to be safe for them to take on additional work?
Rest is vital to good health and performance at work, and any discussion around other work should include this. In particular, it may be that risk assessments need to be reassessed by their main employer, especially if the additional work is strenuous or disturbs their sleep.
4. Will additional work be in breach of the Working Time Regulations 1998 (WTR)?
The WTR establish rules around working hours and rest breaks, designed to safeguard employee’s health and wellbeing. One of these rules is a maximum 48 hours working week, which applies to all work done in the week overall, rather than with a single employer. It is therefore recommended your clients asks the employee to sign a 48 hour opt-out agreement.
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