From working time compliance to conflicts of interest and misuse of company resources, Stevi Hoyle explores the risks of staff taking on second jobs

As the cost of living continues to rise and flexible working becomes the norm, more employees are taking on second jobs or developing side hustles alongside their main employment. From freelance consulting and online retailing to ride-hailing and content creation, the modern workforce is more entrepreneurial than ever.

While many employers understand the economic realities driving this trend, second or side jobs can present various challenges for employers.

Contractual restrictions and the duty of fidelity

Some contracts of employment will explicitly prohibit secondary employment. However, even where that is not the case, an employee owes an implied duty of fidelity and good faith to their employer. This means they must not act in competition or use their employer’s confidential information for personal gain.

To properly protect their position, employers should review contracts to ensure they contain:

• a clear exclusivity clause (where appropriate) or a requirement to seek written consent before taking on other work;
• conflicts of interest provisions, defining what counts as competing activity; and
• a confidentiality clause that extends beyond working hours.

Working time and rest break compliance

Under the Working Time Regulations 1998, employees must not work more than an average of 48 hours per week, unless they have opted...

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