HRD & Payroll Solutions continues to bring HR Zone members a range of HR tips. This week’s tip looks at moonlighting.
Q: One of our employees works in a night club. Can we stop him from doing so?
A: You need to consider three things:
First, the employee’s right to freedom in his private life. Banning him from doing a couple of hours paid work in a night club is little different from stopping him playing football at the weekend. You could act against either of these only if the activity conflicted with the work of your organisation, and I do not see how this could.
Second, you must ascertain whether the additional work makes him unfit for the work he does for you because, for example, he comes to work tired and has to drive a vehicle or he makes lots of mistakes. You would then take action against him not primarily because of his second job but because of his inability to fulfil properly his contract with you.
Third, to comply with the Working Time Regulations, you need to ascertain how many hours he works in his second job. As an employer, you are required to ensure that he does not work more than 48 hours per week on average and, if his combined hours exceed this, bring him into line. You could then legitimately require him to reduce the number of hours he works in the night club or with you.
Previous HR tips
Developing women managers
A promotion that failed
Fixing holidays
Holiday for temporary employees
A redundancy problem
Behaviour outside work
Suspension from work
Informing employees of new legislation
Deductions from wages
Children on site
Workplace affairs
Disabled workers
Attitude problems
Redundancy selection
Custom and practice
Working Bank holidays
Disciplinary and dismissal procedures
Time off work for funerals
References
Translating rules
Banning smoking at work
Burden of proof
Contracts of employment
2 Responses
WTD – Opt Out
As mentioned by another subscriber, if the individual opts out of the WTD then they can have a second job. The only proviso that we made was that if the line manager considered that the individual was “tired” or began making mistakes, late, etc, then the company would suggest that the 2nd job went, and if they didn’t take the “hint”, the disciplinary process kicked in because of poor performance. As a side issue, we also coached the individual about what the 2nd employer should provide by way of induction, contract and importantly insurance.
opt out voluntary
Couldn’t the employee voluntarily opt out of Working time directive and therefore you would lose your leverage to bring him into line?