Taking on a second job alongside one’s main employment is not necessarily unlawful in the UK. However, problems can arise when secondary employment conflicts with an employee’s contractual obligations, affects their ability to perform their main role or is deliberately concealed from their employer.

A recent case involving a solicitor shows how serious the consequences of dishonesty about outside employment can be. The solicitor was struck off after lying about moonlighting, bringing renewed attention to whether employees are entitled to work for more than one employer and when an organisation can restrict additional work.

For employees asking, “Can you have two jobs?”, the answer depends on factors including their employment contract, working hours, the nature of the second role, and whether it creates a conflict of interest. Importantly, there is also a distinction between having another job and being dishonest about it.

If you have any related questions or concerns, contact Redmans Solicitors. Our team of employment specialists is here to help. Following a brief chat, we can answer your queries and provide expert advice. For those eligible, we can also guide you through each stage of the legal process.

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Solicitor Struck Off Over Moonlighting

The recent case concerned a solicitor whose secondary work ultimately contributed to his being struck off. The case shows that having a second role may not always be the most serious issue. An employee’s conduct when questioned about outside employment can be equally, if not more, significant.

Solicitors are subject to stringent professional standards, including obligations concerning honesty and integrity. As a result, dishonesty can have consequences extending beyond an ordinary employment dispute and potentially affect an individual’s ability to continue practising.

Read More: Moonlighting in the UK: What Is It?

The circumstances provide a stark example of the risks of concealing outside work. For employees in other professions, the consequences will depend on their individual circumstances. However, deliberately misleading an employer about a second job can potentially become a disciplinary matter, particularly where the employee has been specifically asked to disclose other employment.

What Is Secondary Employment?

Secondary employment simply refers to additional work carried out alongside someone’s main job. It can take many different forms.

An employee might work full-time during the week and have a part-time weekend job. Someone else might take on freelance projects in the evenings, run a small business, or work for another employer on certain days.

This is commonly referred to as moonlighting. The growth of remote and flexible working has also made it easier for people to have multiple sources of employment or income.

No general UK law prohibits an employee from having a second job. However, that does not mean employees are automatically free to undertake any additional work they choose. Employment contracts and an employee’s broader obligations can restrict secondary work.

Moonlighting and Dishonesty Are Different Issues

An important lesson from the solicitor’s case is the distinction between moonlighting and dishonesty. Simply having another job does not automatically mean an employee has committed misconduct. The position becomes considerably more serious, though, when an employee must disclose outside work but deliberately fails to do so, provides false information when questioned, or actively conceals their other employment.

For example, an employment contract might require an employee to obtain written permission before accepting outside work. Ignoring that requirement could potentially amount to a contractual or disciplinary issue. If the employee later tells their employer they do not have another job when they do, the employer may consider the dishonesty itself when deciding whether disciplinary action is appropriate.

Disciplinary action can also arise when moonlighting causes problems such as breaches of contract, poor performance, or dishonesty. This distinction matters because an employer might not have objected to the second job if the employee had been open about it and obtained the necessary permission.

Can You Have Two Jobs in the UK?

In general, it is possible to have two jobs in the UK. No blanket rule prevents someone from working for more than one employer. However, employees should check their employment contract before accepting secondary employment.

Some contracts include clauses specifically addressing outside employment. An employee might be required to notify their employer before taking another role or obtain permission before doing so. Other contracts may restrict work for competitors or prohibit additional employment where it could interfere with the employee’s primary responsibilities.

Read More: Record High Zero-Hours Workers Despite Pending Crackdown

Employees also have wider contractual obligations to their employer. These can include duties relating to confidentiality, following reasonable instructions and not improperly assisting competitors. Therefore, the more useful question may not simply be “Can you have two jobs?” but whether the particular second job is compatible with the employee’s existing obligations.

Can an Employer Prohibit Secondary Employment?

Employers can restrict outside work in certain circumstances, particularly through an employment contract. Whether a restriction is lawful or enforceable depends on the circumstances.

An employer may have legitimate concerns about an employee taking another job where the second role creates a conflict of interest, involves a competitor, threatens confidential information or interferes with the employee’s ability to perform their existing duties.

For example, an employer may reasonably be concerned if a senior employee takes a second role with a direct competitor and gains access to commercially sensitive information in both jobs. Similarly, an employer may have concerns where someone’s additional working hours cause exhaustion, persistent lateness, or declining performance in their main role.

The wording of the employee’s contract will be particularly important. Employees considering another job should therefore check whether their contract contains an exclusivity clause, a requirement to obtain permission for outside work or provisions dealing with conflicts of interest.

Some Workers Have Additional Protection

Employers do not have complete freedom to prohibit outside work in every situation. One important example concerns zero-hours workers. Government guidance states that an employer cannot prevent someone on a zero-hours contract from looking for or accepting work from another employer. A contractual term attempting to impose such an exclusivity requirement can be ignored.

This protection recognises the unfairness that could arise if an employer offered no guaranteed working hours while simultaneously preventing the individual from earning income elsewhere.

The legal position concerning exclusivity can therefore depend on the worker’s particular contractual and earnings arrangements. Employees should not assume that a restriction is automatically enforceable simply because it appears in their contract.

Why Might an Employer Restrict a Second Job?

Employers may want to know about or regulate secondary employment for several legitimate reasons.

Conflicts of Interest

One of the clearest concerns arises where the employee’s second role conflicts with the interests of their main employer. Working for a direct competitor can be particularly problematic, especially where the employee has access to sensitive commercial information, customer lists, pricing strategies or confidential business plans.

Employees should avoid using confidential information obtained through one job for the benefit of another employer.

Working Hours and Fatigue

Working two jobs can result in very long working weeks. Under the Working Time Regulations 1998, workers will generally be subject to an average 48-hour working week unless an applicable exception applies or they have validly opted out.

Where an employee has multiple jobs, their overall working arrangements can therefore become relevant. Excessive hours can create health and safety concerns for both employees and employers. The practical implications may be particularly significant in safety-critical occupations where fatigue could endanger the employee, colleagues or members of the public.

Performance

An employer may also become concerned if a second job begins affecting an employee’s performance. For example, regularly working late into the night elsewhere could potentially result in persistent lateness, tiredness or reduced productivity during the employee’s main job.

In those circumstances, the issue may not be the employee having secondary employment. Instead, it could be the effect the employment has on their ability to perform their contractual duties.

Competition and Confidentiality

Employees generally have obligations concerning their employer’s confidential information. Taking a second job with a competitor could increase the risk of confidential information being disclosed or used improperly.

Employees considering work in the same industry should therefore pay particularly close attention to confidentiality, conflict-of-interest and outside-employment provisions in their contracts.

Do You Have to Tell Your Employer About a Second Job?

No universal rule requires every employee to tell their employer whenever they take another job. Whether disclosure is required will often depend on the employment contract and workplace policies.

Some employers expressly require employees to disclose all outside work. Others only require disclosure where there could be a conflict of interest. An employee whose contract requires permission before accepting outside work should consider following that procedure before starting the additional role.

Even without an express requirement, employees should consider whether secondary employment could conflict with their existing duties or affect their working hours and performance. Being transparent can sometimes prevent a relatively straightforward second job from developing into a much more serious employment dispute.

Can You Be Fired for Secondary Employment?

Employees can potentially be dismissed for having a second job, but this is not an automatic justification. Whether disciplinary action or dismissal is appropriate will depend on the circumstances. An employer might consider disciplinary action where an employee has breached an express contractual restriction, worked for a competitor in circumstances that create a serious conflict of interest, misused confidential information, or allowed the second job to seriously affect their performance.

Dishonesty can make the situation considerably more serious. Where an employee deliberately lies about secondary employment, particularly after being directly questioned or where disclosure is contractually required, an employer may consider whether trust and confidence have broken down.

Dismissal may potentially be justified where moonlighting involves a breach of contract, inadequate performance or dishonesty, although the fairness of any dismissal will depend on the individual circumstances. Employees with unfair dismissal rights may be able to challenge a dismissal if they believe their employer lacked a fair reason or failed to follow a fair procedure.

Employers Should Still Follow a Fair Process

Even if an employer believes an employee has improperly concealed a second job, it should not immediately jump to dismissal. The employer should normally investigate what happened and give the employee an opportunity to explain their position.

Important questions could include what the employment contract says about outside work, whether permission was required, whether the employee knowingly breached the relevant provision and whether there was actually a conflict of interest.

Where dishonesty is alleged, the employer should also establish what the employee said, what they knew at the time and whether there is evidence that they deliberately provided false information. The seriousness of the conduct and whether dismissal is a reasonable response will depend on the facts of the individual case.

What Should Employees Do Before Taking Secondary Employment?

Employees considering moonlighting should begin by checking their employment contract and any relevant workplace policies. Particular attention should be paid to clauses dealing with secondary employment, exclusivity, conflicts of interest, confidentiality and working hours.

Read More: Employees Advised to Keep Out of Office Replies Polite and Concise

If the contract requires permission, employees should consider requesting it before accepting or starting the second role. They should also consider whether the work competes with their employer, whether confidential information could cross between the two organisations, and whether they can realistically manage both jobs without their performance suffering. Working additional hours can provide obvious financial benefits, but employees should consider whether the arrangement is sustainable.

Finally, if an employer asks directly about outside work, employees should take particular care to provide accurate information.

Secondary Employment Is Not the Same as Misconduct

The solicitor’s case provides an important reminder that secondary employment and dishonesty about secondary employment are not necessarily the same thing. UK law generally does not prohibit having two jobs. Many people legitimately work for multiple employers, undertake freelance work or run businesses alongside their primary employment.

However, employees remain bound by their contractual and other legal obligations. An employer may be entitled to regulate outside employment where there are legitimate concerns about competition, confidentiality, working hours, conflicts of interest or performance. Some employees may also be contractually required to obtain permission before taking another role.

At the same time, employers should remember that restrictions on outside employment are not automatically enforceable in every situation. Zero-hours workers, in particular, have statutory protection against exclusivity clauses preventing them from obtaining work elsewhere.

For employees wondering “Can you have two jobs?”, the starting point is therefore to check the employment contract and understand the obligations that apply to both roles. The recent solicitor case adds another important lesson: if questions arise about a second job, dishonesty can potentially turn an otherwise manageable employment issue into a much more serious one.

Facing Problems Over Secondary Employment? Get Help with Redmans

If you are facing disciplinary action, dismissal or another workplace dispute relating to secondary employment or moonlighting, contact Redmans Solicitors today. Our specialist employment solicitors can assess your circumstances, explain your legal rights and advise you on whether your employer has acted fairly. If you have grounds to bring a claim, we can guide you through your possible next steps.

To get started on your journey with us today, please:

• Phone us directly on 020 3397 3603
• Complete our online form to request a consultation