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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

The purpose of this policy is to establish clear guidelines on secondary employment and conflicts of interest within {{org_field_name}}, ensuring compliance with the latest Care Inspectorate Wales (CIW) regulations, employment legislation, and best practices in social care governance. The policy aims to safeguard the integrity of our care provision by ensuring that secondary employment does not compromise staff performance, regulatory compliance, or the well-being of our residents.

2. Scope

This policy applies to all employees of {{org_field_name}}, including full-time, part-time, agency, temporary, and contracted staff. It covers the principles of secondary employment, the process for disclosure and approval, potential conflicts of interest, and the responsibilities of employees and management. The policy ensures that staff commitments outside of {{org_field_name}} do not lead to conflicts with their roles, duties, or responsibilities.

3. Related Policies

This policy should be read in conjunction with:

• CHW04 – Good Governance Policy: Ensuring transparency in employment practices.
• CHW27 – Staff Supervision, Training, and Development Policy: Maintaining staff competence and performance.
• CHW23 – Lone Working and Staff Safety Policy: Managing staff workload and fatigue to ensure safety.
• CHW31 – Disciplinary and Grievance Policy: Addressing breaches of employment terms related to secondary employment.
• CHW30 – Equality, Diversity, and Inclusion Policy: Ensuring non-discriminatory practices in employment.

4. Policy Statement

{{org_field_name}} recognises that employees may engage in secondary employment or business interests outside of their primary role. However, it is essential that such employment does not compromise the quality of care, create a conflict of interest, or lead to breaches of working time regulations. All employees are required to disclose any secondary employment to ensure compliance with regulatory requirements and maintain professional integrity.

5. Secondary Employment Guidelines

Employees and workers may undertake secondary employment, self-employment, agency work, casual work, business activities or other paid or unpaid work, subject to applicable employment law and the requirements of this policy.

Secondary employment must not:

• prevent the employee or worker from carrying out their duties for {{org_field_name}} safely, competently and effectively;
• create an actual, potential or perceived conflict of interest which could improperly influence, or reasonably appear to influence, the employee’s or worker’s professional judgement or practice;
• compromise the safety, well-being, dignity or quality of care and support provided to individuals using the service;
• result in the inappropriate disclosure, access, use or sharing of confidential, commercially sensitive or personal information belonging to {{org_field_name}} or any individual receiving care and support;
• involve the inappropriate use of {{org_field_name}}’s premises, equipment, systems, records, information, working time or other resources;
• result in a breach of professional boundaries or the improper use of relationships established through employment with {{org_field_name}};
• prevent the employee or worker from complying with their contractual duties, professional obligations or applicable Social Care Wales or other professional regulatory requirements; or
• create an unacceptable health and safety or fatigue risk because of the total number, pattern or timing of hours worked across all employment.

For the purposes of the Working Time Regulations 1998, working hours undertaken for another employer must be taken into account when assessing the employee’s or worker’s total working time. Unless an applicable statutory exception applies or the worker has voluntarily entered into a valid written opt-out from the average weekly working-time limit, total working time must not exceed an average of 48 hours per week over the applicable reference period.

A Working Time Regulations opt-out must be voluntary. An employee or worker must not be subjected to detriment because they decline to sign an opt-out. An opt-out from the 48-hour average weekly limit does not remove the employer’s health and safety responsibilities or automatically remove statutory entitlements to rest and breaks.

Employees and workers must normally receive the rest and breaks required by the Working Time Regulations 1998, including daily rest, weekly rest and rest breaks during the working day. Where a lawful exception applies because of the nature or continuity requirements of the service, {{org_field_name}} will ensure that any applicable requirements for equivalent compensatory rest or appropriate protection are met.

Employees and workers must provide sufficient and accurate information about their secondary employment and working hours to enable {{org_field_name}} to assess working-time compliance, fatigue, health and safety, safe staffing and any actual or potential conflict of interest.

{{org_field_name}} will not impose or operate an exclusivity requirement where this is prohibited by employment legislation. In particular, a worker whose contractual arrangements are protected by legislation restricting exclusivity terms will not be prohibited from working for another employer, or required to obtain consent to do so, merely because the work is for another organisation.

Secondary work for another care provider or organisation operating in the same sector is not automatically prohibited. However, it must be disclosed where required under this policy and may be subject to proportionate measures where there is an identifiable and lawful concern relating to:

• a genuine conflict of interest;
• confidentiality or data protection;
• safeguarding;
• professional boundaries;
• the safety or well-being of individuals;
• working time or fatigue;
• the employee’s or worker’s ability to fulfil their duties safely and competently; or
• another legitimate legal, regulatory or contractual obligation.

Any restriction imposed by {{org_field_name}} will be considered individually, will be based on an identifiable legitimate concern and will be no wider than reasonably necessary to address that concern.

6. Disclosure and Assessment Process

Employees and workers must disclose secondary employment or other external interests where the activity may affect working-time compliance, health and safety, fitness to work, safeguarding, confidentiality, professional boundaries, attendance, performance or the existence of an actual, potential or perceived conflict of interest.

Where disclosure is required, the employee or worker must complete the Secondary Employment Disclosure Form and provide sufficient information to enable an appropriate assessment. This must include, where relevant:

• the name and nature of the other employer, business or activity;
• the type of work undertaken;
• the normal days and hours worked;
• any night work or on-call commitments;
• any significant changes to those hours or working arrangements; and
• any connection between the external work or interest and {{org_field_name}}, individuals receiving care and support, their families or representatives, suppliers, commissioners or other organisations with which {{org_field_name}} has a professional or commercial relationship.

The Registered Manager, supported where appropriate by HR or senior management, will assess the disclosure against:

• the employee’s or worker’s total working hours across all employment;
• applicable requirements of the Working Time Regulations 1998;
• fatigue and health and safety risks;
• the employee’s or worker’s ability to remain fit, competent and reliable in their role;
• continuity and safety of care and support;
• safeguarding considerations;
• confidentiality and data protection;
• professional boundaries;
• actual, potential or perceived conflicts of interest;
• relevant professional codes and registration requirements; and
• any lawful contractual obligations.

Where combined working hours may exceed the average 48-hour weekly limit, {{org_field_name}} will discuss the position with the employee or worker. Where applicable, the worker may voluntarily enter into a separate written Working Time Regulations opt-out. The employee or worker is not required to agree to an opt-out and must not suffer detriment for refusing to do so.

Where the worker does not opt out, {{org_field_name}} will take appropriate steps to ensure that working arrangements comply with the applicable working-time requirements. This may include agreeing adjustments to hours or working arrangements after discussion with the worker.

Where secondary employment creates an identified fatigue or other health and safety risk, an appropriate risk assessment must be undertaken and proportionate action taken to protect the employee or worker, colleagues and individuals receiving care and support.

Following assessment, {{org_field_name}} will confirm the outcome in writing. Where no lawful restriction is required, the secondary employment may continue subject to this policy.

Where an actual conflict or other legitimate risk is identified, {{org_field_name}} may introduce proportionate measures to manage that risk. Depending on the circumstances, these may include:

• altering duties or reporting arrangements;
• removing the employee from a particular decision or procurement process;
• restricting access to particular confidential information;
• adjusting working arrangements;
• requiring additional safeguards around professional boundaries; or
• where legally permissible and proportionate, requiring the conflicting activity to cease.

Any refusal or restriction must be based on a specific lawful reason and must not amount to an exclusivity term or requirement prohibited by employment legislation.

Employees and workers must promptly notify {{org_field_name}} of any material change to declared secondary employment, including changes in duties, employer, hours, shift pattern or circumstances affecting a previously declared conflict of interest.

Records of declarations, assessments, decisions, risk assessments and any agreed control measures will be maintained securely and processed in accordance with applicable data protection requirements.

7. Conflict of Interest Management

A conflict of interest arises when an employee’s secondary employment or personal interests could compromise their duties at {{org_field_name}}. Examples include:

• Working for another care provider in a similar role without disclosure.
• Holding a financial interest in a business that provides goods or services to {{org_field_name}}.
• Accepting gifts or incentives from suppliers that may influence decision-making.
• Engaging in private care services for current or former residents outside of organisational agreements.

To prevent conflicts of interest:

• Employees must disclose any potential conflicts to HR immediately.
• Staff in managerial or procurement roles must not have financial interests in companies dealing with {{org_field_name}}.
• Employees must not use organisational resources or confidential information for personal gain.

8. Managing Secondary Employment and Conflicts

{{org_field_name}} will maintain effective arrangements for identifying and managing risks arising from secondary employment and conflicts of interest so that staffing arrangements remain safe and individuals continue to receive care and support from staff who are suitably qualified, trained, skilled, competent, experienced and fit to undertake their roles.

The arrangements will include:

• Working-time monitoring: Where an employee or worker has declared secondary employment, relevant working hours across all employment will be taken into account when assessing compliance with applicable working-time requirements.
• Fatigue and health and safety assessment: Where working patterns, night work, consecutive shifts, insufficient rest or combined employment may give rise to fatigue or another health and safety risk, the Registered Manager will ensure that the risk is assessed and appropriate control measures are implemented.
• Safe staffing: Secondary employment must be considered where it affects an employee’s or worker’s attendance, reliability, fitness, competence or ability to provide safe and effective care and support. {{org_field_name}} will ensure that staffing decisions continue to meet the requirements applicable to the regulated service.
• Conflict-of-interest monitoring: Actual, potential and perceived conflicts will be assessed and managed in a proportionate manner. Where a conflict can be safely managed through agreed controls, those controls will be documented and kept under review.
• Professional conduct: Social care workers are required to work in accordance with the current Code of Professional Practice for Social Care. Registered professionals must also comply with the requirements of their relevant professional regulator.
• Supervision: Secondary employment, working hours, fatigue, conflicts of interest and professional boundaries may be reviewed during supervision where relevant to the employee’s or worker’s role, performance, safety or fitness to practise.
• Record keeping: Declarations, assessments, risk assessments, management decisions and agreed safeguards will be recorded sufficiently to demonstrate how risks have been considered and managed.

Where information indicates that secondary employment or an external interest is affecting an employee’s or worker’s fitness, conduct, competence, safety or ability to comply with professional standards, {{org_field_name}} will take appropriate action under the relevant employment, safeguarding, disciplinary or fitness-to-practise procedures.

9. Responsibilities

Employees and Workers

Employees and workers are responsible for:

• disclosing secondary employment and external interests where required by this policy;
• providing accurate information about working hours and other relevant working arrangements;
• notifying {{org_field_name}} promptly of any material change to declared secondary employment;
• informing management immediately of an actual, potential or perceived conflict of interest;
• ensuring that secondary employment does not compromise confidentiality, professional boundaries, safeguarding, safe working practices or the interests of individuals receiving care and support;
• attending work fit to undertake their duties safely and competently;
• complying with applicable working-time requirements and any agreed measures for managing fatigue or conflicts of interest; and
• where applicable, complying with the current Code of Professional Practice for Social Care and the requirements of any other professional regulatory body with which they are registered.

Social care workers must be open about personal interests that affect, or may affect, their work and must take appropriate steps to ensure those interests do not influence their professional judgement or practice. They must notify {{org_field_name}} about matters that may create a conflict of interest.

Registered Manager

The Registered Manager is responsible for:

• ensuring disclosures are considered promptly and consistently;
• assessing any effect on safe staffing, performance, working time, fatigue, safeguarding, confidentiality and professional boundaries;
• ensuring appropriate risk assessments are completed where required;
• agreeing and monitoring proportionate measures for managing identified conflicts or safety risks;
• ensuring employees and workers understand this policy and relevant professional requirements; and
• escalating concerns about conduct, safety, safeguarding or fitness to practise through the appropriate organisational procedures.

Service Provider

The service provider remains responsible for ensuring that the regulated service complies with the applicable requirements of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

This includes ensuring that sufficient numbers of suitably qualified, trained, skilled, competent and experienced staff are deployed, that persons working at the service remain fit to do so and that the service provider adheres to the current Code of Professional Practice for Social Care Employers.

Where secondary employment affects, or may affect, any of these requirements, the service provider must ensure appropriate action is taken.

Responsible Individual

The Responsible Individual is responsible for providing effective oversight of the service and ensuring that suitable arrangements are in place for this policy and associated procedures to remain current and to be implemented effectively.

The Responsible Individual must obtain assurance that identified risks relating to staffing, staff fitness, conflicts of interest and compliance with relevant professional requirements are being appropriately managed.

HR and Senior Management

HR and senior management will, where applicable:

• support the Registered Manager and service provider in interpreting employment requirements;
• maintain appropriate records;
• support working-time and employment-law compliance;
• advise on proportionate management of conflicts;
• support fair and lawful disciplinary processes where required; and
• ensure that restrictions on secondary employment do not unlawfully infringe statutory employment rights.

Where information obtained under this policy gives rise to a concern that a registered social care worker’s fitness to practise may be impaired, {{org_field_name}} will consider and, where required, make an appropriate referral to Social Care Wales. Where the worker belongs to another regulated profession, the relevant professional regulatory body will be considered in accordance with applicable requirements.

10. Compliance with Welsh Social Care Regulation and Professional Codes

This policy must be implemented in accordance with the Regulation and Inspection of Social Care (Wales) Act 2016 and the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

In particular, arrangements under this policy must support compliance with the requirements relating to:

• Regulation 12 – policies and procedures: relevant policies and procedures must be appropriate, consistent with the statement of purpose, kept up to date and followed in practice;
• Regulation 34 – staffing: sufficient numbers of suitably qualified, trained, skilled, competent and experienced staff must be deployed, having regard to the needs of individuals and the requirements of the regulated service;
• Regulation 35 – fitness of staff: persons working at the service must remain fit to perform their roles, and appropriate action must be taken where fitness requirements are no longer met;
• Regulation 36 – supporting and developing staff: staff must receive appropriate induction, supervision, appraisal, training and support;
• Regulation 37 – compliance with the employer’s code of practice: {{org_field_name}} must adhere to the current Code of Professional Practice for Social Care Employers published by Social Care Wales;
• Regulation 38 – information for staff: staff must be provided with appropriate information about the service and the standards of conduct expected of social care workers; and
• Regulation 39 – disciplinary procedures: where concerns about conduct arising from secondary employment or a conflict of interest amount to a disciplinary matter, {{org_field_name}} will follow its disciplinary procedure and any associated statutory or professional reporting requirements.

The Code of Professional Practice for Social Care Employers in force from 1 July 2026 requires social care employers to maintain lawful employment arrangements, support social care workers to meet their professional Code, promote worker health and well-being, respond appropriately to unsafe conduct and fitness-to-practise concerns, and make appropriate referrals to Social Care Wales.

The Code of Professional Practice for Social Care in force from 1 July 2026 requires social care workers to act honestly and with integrity, maintain confidentiality and professional boundaries, recognise and disclose personal interests that affect their work, notify their employer about issues that may create a conflict of interest and ensure that such interests do not influence their professional judgement or practice.

Where secondary employment, outside activity or a conflict of interest gives rise to a safeguarding concern, concerns about fitness to practise, unsafe staffing, improper use of confidential information or a risk to an individual’s safety or well-being, {{org_field_name}} will take appropriate action without delay under the relevant organisational and regulatory procedures.

11. Policy Review

This policy will be reviewed annually or updated in response to changes in employment law, CIW regulations, or operational needs. Any amendments will be communicated to all staff to ensure continued compliance.

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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.