Employer banning second job?

ceridwen

bitsandpieces wrote: »

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

Think that probably is a pretty frequent term. I've always taken the view that provided they couldnt prove my part-time job actually downright conflicted with their job - then I just go ahead and TAKE whatever part-time job I decide to. I dont "ask" them for permission - I tell them after the event and see if they have the nerve to try and tell me to resign from the 2nd job - since I already have it:D. Thats always worked so far - and I dont require part-time jobs anyway anymore - as I decided to stop doing them myself eventually.

I think that employers are a lot less likely to even TRY to make one resign from a secondary job one already has - whereas, if "asked" in advance they might say "no". After all - what one does in one's own time isnt their business anyway.

ceridwen

getmore4less wrote: »

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.

Actually - thats a new one on me. I know about the 48 hour directive - and that it applies to ALL ones jobs added together. The thought never even crossed my mind that that 48 hours might be taken to include unpaid work - in which case I wouldnt be sure I'm "legal" in that context.

Have you got a link that states whats what about this? (not that it would stop me personally for one second from doing whatever unpaid work I decide to on top of my full-time job;):D) - but it would be useful to see this, if indeed unpaid work is taken into account as well.

As the whole point of the 48 hours rule is to stop employers exploiting their staff - and there is no question of exploitation in voluntary work (as - by definition - one can walk away from it with no financial loss) then I would like to clarify the position on this.

catenorfolk

Surely if this is stated in original contract of employment that your friend signed (presumably having read first) then i would presume he hasnt got a leg to stand on? (Why sign to agree something that you dont agree with ) I am only presuming as i really dont know. Would love to know tho for definite!!!

KimYeovil

ceridwen wrote: »

As the whole point of the 48 hours rule is to stop employers exploiting their staff

No it's not!

and there is no question of exploitation in voluntary work

Of course there is!

BuddyBonthenet

It is my experience too (and also my husband's) that many employers have to authorise a second job, particularly (but not only) in the public sector. This is certainly not a new thing and at the end of the day your employer pays you to do a decent day's work.

Having an employee who is too tired to do a decent job is a problem in exactly the same way as someone who is always off sick, turns up late, etc. If you work in a role dealing with money and you need to take on a second job for financial reasons then you need to be very careful as many employers take a very hard line. When it comes to how you manage your finances getting into debt can be a serious issue if your employer finds out as you are seen as a liability.

Many public sector jobs can have very strict rules about how you spend your time outside the work place. There can be restrictions on things like being involved in politics or travelling to certain parts of the world.

It is certainly traditional in banking that you don't work outside the bank as you are supposed to be good at managing money. It also used to be the tradition that your wages were paid into an account with the bank you work for and you could not have an overdraft. This sounds archaic but the culture still exists to a certain extent and it centres around trust and liability.

Not telling your employer is fine until they find out and then you may not have a leg to stand on because you have already broken their trust.

Savvy_Sue

If the bank gave your friend a contract, then presumably they have a copy she signed in her file. She could ask to see it. If there is no contract there, then she could reasonably ask how she was supposed to know she shouldn't have a second job.

In the absence of a written contract, ACAS would be worth a look. They indicate what's assumed to be in a contract if there isn't a written one.

ceridwen

BuddyBonthenet wrote: »

Not telling your employer is fine until they find out and then you may not have a leg to stand on because you have already broken their trust.

Hence why I always told my employer - just AFTER I had already started the secondary job - so they knew right away - but too late for it to be easily possible for them to stop me.

They couldnt say I'd done anything "behind their back" and not informed them then - and, of course, I could quote back about all the other staff also in secondary jobs if there had been any problem:D and ask why they were being awkward to me, when they hadnt been to other people....