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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Secondary Employment and Conflict of Interest Policy

1. Purpose This policy outlines {{org_field_name}}’s approach to managing secondary employment and potential conflicts of interest in compliance with CQC regulations, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, and Regulation 19 – Fit and Proper Persons Employed. It ensures that staff maintain high professional standards, do not engage in activities that compromise their role, and uphold the integrity of care delivery.

2. Scope This policy applies to all employees of {{org_field_name}}, including full-time, part-time, bank, agency staff, contractors, and volunteers. It covers external employment, self-employment, and any external business interests that could pose a conflict with duties at {{org_field_name}}.

3. Legal and Regulatory Framework

• Regulation 19 – Fit and Proper Persons Employed: Ensures that employees are suitable for their roles and act in the best interests of the people we support.
• Regulation 17 – Good Governance: Requires robust policies to manage conflicts of interest.
• Working Time Regulations 1998: Ensures employees do not exceed the maximum working hours, protecting their well-being.
• Equality Act 2010: Ensures fairness in employment practices.
• Care Act 2014: Mandates that care providers act transparently and in the best interests of service users.

4. Secondary Employment Declaration

• Employees must declare any secondary employment or self-employment, including:
  • Work with another health or social care provider.
  • Running a personal business (including private care work).
  • Any role that may impact their duties at {{org_field_name}}.
• Approval Process:
  • Employees must submit a written request to the Registered Manager before engaging in secondary employment.
  • Requests will be reviewed based on potential conflicts of interest, working hours, and impact on job performance.
  • Decisions will be communicated in writing within 14 days.
• Refusal of Secondary Employment:
  • If an application is declined, reasons will be provided, including risks to service delivery or conflicts of interest.
  • Employees have the right to appeal decisions through the grievance procedure.

5. Managing Conflicts of Interest

• Definition of a Conflict of Interest:
  • When an employee’s secondary employment or external activities influence their professional decisions.
  • Situations where personal gain could override the best interests of the people we support.
  • Employees in positions of authority making decisions affecting family members or personal business associates.
• Identifying Potential Conflicts:
  • Employees must disclose relationships with service users or businesses providing services to {{org_field_name}}.
  • Financial interests in competitor organisations must be declared.
  • Any external role that may require the sharing of confidential or sensitive information.
• Addressing Conflicts:
  • The Registered Manager and HR will assess potential conflicts and implement controls where necessary.
  • Employees may be required to limit external work, adjust roles, or withdraw from decision-making processes related to the conflict.
  • If a conflict is not manageable, the employee may be asked to resign from the conflicting role.

6. Working Hours and Well-being

• Compliance with Working Time Regulations:
  • Employees must not exceed 48 hours per week, across all employment unless they have voluntarily opted out.
  • Fatigue and performance issues linked to excessive working hours will be managed through staff supervision and well-being checks.
• Impact on Performance:
  • Secondary employment must not affect attendance, punctuality, or job performance at {{org_field_name}}.
  • If an employee’s secondary employment leads to poor performance, it may be subject to disciplinary action.

7. Confidentiality and Data Protection

• Employees must not:
  • Share confidential information about {{org_field_name}} or the people we support with their secondary employer.
  • Use {{org_field_name}}’s resources, systems, or data for personal or secondary employment purposes.
• Breaches of confidentiality or data protection laws will result in disciplinary action in line with CH31-Disciplinary and Grievance Policy.

8. Prohibited Secondary Employment

• Employees cannot work for another care provider if:
  • The organisation is a direct competitor to {{org_field_name}}.
  • Their duties at the other organisation pose a risk to confidentiality or professional integrity.
  • It leads to a conflict of interest in recruitment, procurement, or business decisions.
• Employees may not engage in any personal care work for service users outside of their contracted duties.

9. Monitoring and Compliance

• HR will maintain a register of declared secondary employment and potential conflicts of interest.
• Line managers will regularly review working hours and well-being in supervision meetings.
• Non-compliance with this policy will result in disciplinary action under the CH31-Disciplinary and Grievance Policy.

10. Training and Awareness

• Employees will receive training on professional conduct and conflict of interest management.
• Regular updates will be provided to ensure staff are aware of their responsibilities.

11. Related Policies

• CH19-Fit and Proper Persons: Employed Staff Policy
• CH17-Good Governance Policy
• CH30-Equality, Diversity, and Inclusion Policy
• CH31-Disciplinary and Grievance Policy
• CH34-Confidentiality and Data Protection (GDPR) Policy

12. Policy Review

• This policy will be reviewed annually or sooner if there are updates in CQC regulations or legal requirements.
• Amendments will be made to ensure continued compliance with employment and business ethics best practices.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.