Employer banning second job?

vanpiggy

My friend works for a UK bank in a low paid job with relatively little responsibility. They have a second job for a few hours a week in a pub, and their employer has recently cautioned them about this.

Are they legally allowed to do this or could it be considered an unfair term in the contract? For example, they wouldn't be allowed to dictate that my friend couldn't spend four hours at a bar drinking on a Friday night, so if it doesn't affect their work why should they be allowed to dictate what an employee does in their free time?

Also, would they ban them from having a second job in a voluntary position eg. in a charity shop? And if not, what is the difference in an employers eyes?

I am going to get them to contact their union, but I wondered if anyone had experience in this area. My friend hasn't been given a copy of their contract, despite working at the bank for some time.

Sharon87

I think the bank are being unfair if they don't allow them to have a 2nd job. But it sounds as if they're warning your friend about working too much. If you work too much you're more likely to be stressed and get ill, meaning your friend may have to take time off at the bank. I take it they're full time at the bank?

WEEGIE

If the second job doesn't interfere with his/her bank job then the bank has no right to say give up the second job. When I stayed in Glasgow I had two jobs for two rival stores (one supermarket and one convenience store) and no one from either place said anything. AS far as I am concerned, you can have as many jobs as you like as long as it doesn't interfere with the main job. So tell your friend to keep their two jobs.

bitsandpieces

Contracts often specify that you're not allowed to get a second job without the employer's consent.

vanpiggy

Thanks guys, bitsandpieces, I know that is often a term in contracts, but is it a fair term in law? If the job doesn't interfere with the main job, would it really be reason for dismissal?

I'm not entirely sure how many hours they're doing exactly. I don't *think* its very many at all, certainly part time and mostly weekends.

Who can I suggest he contact apart from a union? Citizen's Advice Bureau?

WEEGIE

bitsandpieces wrote: »

Contracts often specify that you're not allowed to get a second job without the employer's consent.

I never had any problems in the past, even though both employers knew about my second job and said nothing.

hayley11

CAB should be able to advise yes. Or you can contact ACAS.

I would have thought if it wasn't interferring with the main job and it wasn't a conflict of interests then I can't see how they can say anything. I don't actually see how it's any of their business.

Weegie - I do find it surprising that neither of the companies minded you working for a competitor.

WEEGIE

hayley11 wrote: »

Weegie - I do find it surprising that neither of the companies minded you working for a competitor.

The two companies in question were Safeway and Alldays, both shops were over 10 miles apart, in Glasgow.

gravitas

Most companies I have worked for have insisted that you apply to them for permission to have a second job to prevent any conflict of interest and over working.

I've not known of anyone being turned down though

woody01

It is usual on contracts, especially for skilled work, for them to state that permission must be obtained from Management BEFORE taking a second job.

getmore4less

There are issues like working time directive to take into account since all work counts towards the rules..

What many do not realise is that work does not have to be paid to count as work so employees that have restrictions in their contracts should also notify of those jobs as well but most don't.