Can a UK employer dismiss you if you have a 2nd job in your free time?

Question

My friend is a foreign national. He works an additional 20hrs per week. His first employer does not like this. She has told him to job or she will ask him to leave her employment. I think this is illegal. Am I right?

Answer 1

An employer can legally dismiss for one of 5 reasons
Capability
Conduct
Redundancy
Statutory requiremnet
Some other substantial reason

this reason would have to be covered by the 'some other substantial reason' however the employer would have to prove this reason is a fair reason and therefore the 2nd job is haveing a detrimental impact on the employees ability to do the job. in this case they may struggle.

It may be in the contract that they cant have a second job but unless there is a conflict of interst issue, thsi clause is likely to be declared an unfair term and a restraint of trade by any tribunal. however to take any action, if they are dismissed the employee will need 1 years service, unless they can demonstrate that a UK national would not have been treated in the same way. in this instance theye would be no qualifying time to bring a tribuinal claim, and they would have a great case for discrimunation and unfair dismissal. however before any action is taken i would alsway consult a reputable employment law solicitor.

hope this helps

Answer 2

Hello,

The problem here as I see it, is that an employer can make their own rules up and define what they expect from an employee. So the answer here in this situation is depends?

Does your friend have a written contract or not? if its only a verbal agreement that he works for the person then he's on thin ice so to speak. If on the other hand he does have a formal written contract of employment then the first thing to do is check the small print of the contract i.e check for any special clauses that say he must work soley or exclusively for only one employer.

YES! technically speaking what your friend does outside of his first (primary job) job is non of his employers business. As long as he is keeping to the required hours & fulfilling the terms of his employment thats all thats required (he's keeping to his side of the agreement to work for the 1st employer).

So the fact that he works else where for another 20hrs (second job) is non of the 1st employers business at all.

**Sadly, employers make up their own rules very often & if he/she says she doesnt like it. And that if your friend doesnt comply with her wishes he might loose his 1st job then there is very little one can in reality do about it.

**Some Employers take advantage of peoples difficult circumstances and need to earn extra money just to make ends meet. Thats the part that is immoral & illegal in my opinion.

IR

Answer 3

this has always been a bit of a grey area. A lot of employers do not like it which is understandable because if they employee is doing extra which is making them tired they may not be giving their best in their full time job. Some contracts of employment have a clause about this in them your friend should check. As to whether she can dismiss for this depends on the circumstances. In the absence of a clause I think she would have to show that the employee doing two jobs is to the detriment of her business. If they are working for a rival company then it would be open and shut of course. I also depends on how long the employee has worked for the employer. It can be a complex situation and really your friend should take all the facts to a solicitor who knows about employment law. The CAB or you local law centre should be able to help with that

Answer 4

There are ground for dismissal if a second job is taken. It will all depend on the employee's contract with the employer.

Some jobs could be seen as a conflict of interest, for example, working for a competing firm.

There may also be concerns about confidentiality issues or theft of clients etc, again, especially if the jobs were in the same area of work, or related areas. For example, someone working in a doctor's surgery and investigating insurance claims where the names of persons attending the surgery could be known to the person.

Some professions also have rules of conduct, for example, teachers have been dismissed for joining rock bands in their spare time, or working as strippers, or other part time jobs that an employer may deem as inappropriate.

It doesn't sound as if those things apply to your friend, but he should seek legal advice - pop into the Citizen's Advice Bureau for a free confidential chat.

Answer 5

An employer can expect an employee to arrive at work fit and able to carry out their duties, if working extra hours for a 2nd company is affecting your friends ability to do their job then I think the employer is quite correct.

Some jobs specify exactly what rest breaks MUST be taken (driving for example) so your friend could even be breaking the law.

Additionally, if your friend has not been in the employment for 2 years then the employer does not even need a reason to dismiss

Answer 6

Unless there is a conflict of interest, i.e he is working for a competitor or the extra job affects his performance or ability to do the main job then I can't see a real problem here.

There are some professions that expressly forbid second jobs as part of the contract of employment but unless that applies here then she can't do a thing. Many people work in factories during the day then work in a pub on an evening.

You need to find out why this has happened. Perhaps it is simply a case of the manager needs to learn the law.

Answer 7

right so if hes working an extra 20 hours a week in the uk then the eu working time dirrecive come sinto play which states that as an employee you are entitled to work no more than 48 hours a week (including overtime), to have a rrest period of 11 consecutive hours between shifts, have a break if working more than 6 consecutive hours, and you also have the oppertunity to opt out and work longer but this must be done in writing and usuall only referes to thew one employer, so if youre working 48 hours per week at one job you need to put it in writing youre willing to work longer with them. onm the other hand if youre working an extra 20 hours with another employer then this doesnt count, though i used to work for asda and it was in their employment contract that i couldnt work for tesco, sainsbury, morrisons or any other supermarket whilst i was working for them.

so in short as long as the 2nd jobs in a different field to his 1st then whats the worry? atleast hes not a bank robber right?

Answer 8

Possibly. It depends on the terms of your contract, some state that you must not have a second job. Also, you could run into trouble if you have a conflict of interest. For example, if you worked for a company selling double glazing during the day, the company you work for would not be very happy if you took another job with another company in the evening - selling double glazing.

Answer 9

He needs to check his contract with that employment, sometimes they do state that you cannot have other employment while working with that company. Usually it's to do with 'conflict of interest' eg working in IT then having your own business dealing with IT on the side, working in a restaurant and working in another restaurant where you could pass on ideas etc...

However, it is not illegal, but check the contract first.

Answer 10

Sounds like he'll need to look at his contract of employment. It may state the full terms and conditions. Is there a conflict of interest? I am unable to see how his employer can dictate what he does in his spare time if these do not apply. What is 'custom and practice' at his workplace? This can dictate terms of employment.