During the cost of living crisis, it is likely employees may ask to take on a second job to manage their finances. There are issues when it comes to having multiple jobs surrounding wellbeing and health and safety concerns for employees.

Wellbeing - Financial worries will impact on employees mental and physical health. Having a supportive culture and open communication between all staff is key. Managers may need to take particular care where they know an employee is working multiple jobs and consider employee performance if they have multiple jobs due to the living crisis. From a business perspective it is more important at this time to take preventative steps, rather than new ventures.

Health and safety - There may be implications when allowing employees to take another job if their present role involves heavy machinery or driving. Employers should consider risk assessments and extra supervision or breaks. However, it is not explicitly a duty of care but the support for staff reflects the company’s values.

Compliance perspective - If employers agree for an employee to take a second job, employers should consider an opt-out agreement or advise them to ensure their weekly hours do not exceed 48 hours as per the guidance on the Working Time Regulations, which indicates that the 48-hour limit applies to an individual's total working hours, if they work more than one job as It is a criminal offence for an employer to fail to take reasonable steps to comply with the limits on working time.

Exclusivity clauses - Some employment contracts exclude employees from doing a second job by having an exclusivity clause within contracts. The inclusion of exclusivity clauses in some zero hours contracts is banned in Great Britain and, having previously been under scrutiny by the Northern Ireland Assembly, may in the future be banned in Northern Ireland. In certain circumstances, if an employee takes a second job without the employer’s permission, this may be considered as grounds for disciplinary action. This will depend on the wording of the clause in employee contracts.