{{org_field_logo}}

{{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 provide clear guidelines on secondary employment and conflict of interest management within {{org_field_name}}, ensuring that all staff conduct themselves ethically, professionally, and in compliance with regulatory requirements.

This policy supports compliance with the Regulation and Inspection of Social Care (Wales) Act 2016, the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, the Welsh Government statutory guidance for providers and responsible individuals of care home and domiciliary support services, CIW registration and inspection expectations, the Social Care Wales Codes of Professional Practice, and relevant UK employment, working time, safeguarding, data protection and equality legislation.

The purpose of this policy is to ensure that any secondary employment, self-employment, voluntary work, business interest, personal relationship, financial interest, or other outside activity is declared, assessed and managed so that it does not compromise the safety, well-being, dignity, rights or personal outcomes of individuals receiving care and support; the fitness, reliability or professional conduct of staff; the safe staffing and continuity of the domiciliary support service; or the reputation and regulatory compliance of {{org_field_name}}.

It establishes the responsibilities of employees and {{org_field_name}} in identifying, managing, and mitigating conflicts of interest, ensuring transparency and fairness in all employment-related matters.

2. Scope

This policy applies to:

• All employees of {{org_field_name}}, including care workers, office staff, and management.
• All employees, workers, bank staff, part-time staff, temporary staff, agency workers, contractors, consultants, volunteers where relevant, students, and any person engaged by {{org_field_name}} under a contract for services who may work in or in connection with the regulated domiciliary support service.
• Registered Managers, Responsible Individuals, nominated individuals, office staff, coordinators, supervisors, care workers and any person involved in rostering, assessment, care planning, service delivery, quality assurance, recruitment, supervision, finance, procurement or access to confidential information.
• Situations where an employee holds or wishes to obtain secondary employment.
• Any potential conflict of interest that could impact the integrity, safety, or reputation of {{org_field_name}}.

It covers:

• Approval process for secondary employment.
• Identifying and managing conflicts of interest.
• Workload management and working time regulations.
• Consequences of unapproved secondary employment or undisclosed conflicts.

2.1 Definitions

Secondary employment means any paid or unpaid work, self-employment, agency work, bank work, casual work, consultancy, private care arrangement, direct payment arrangement, voluntary role, business ownership, partnership, directorship, online work, or other role outside {{org_field_name}}, whether regular, occasional, temporary or ad hoc.

Conflict of interest means any situation where a person’s outside work, personal relationship, financial interest, loyalty, duty, or private arrangement could influence, or could reasonably be perceived to influence, their judgement, conduct, impartiality, reliability, professional boundaries, confidentiality, safeguarding responsibilities, or ability to act in the best interests of individuals receiving care and support.

Perceived conflict of interest means a situation where there may not be an actual conflict, but a reasonable person could believe that the staff member’s judgement, conduct or decision-making may be affected.

Close personal relationship includes family relationships, intimate relationships, close friendships, household members, business partners, or any relationship that could affect professional boundaries or impartiality.

Private care arrangement means any arrangement where a staff member provides care, support, domestic assistance, transport, companionship, financial support, advocacy, or similar services to an individual or their family outside the staff member’s role with {{org_field_name}}.

3. Principles of Secondary Employment and Conflict of Interest Management

3.1 Approval Process for Secondary Employment

Employees and workers must declare secondary employment or outside work before it starts, or immediately where it already exists. {{org_field_name}} will not unreasonably prevent staff from undertaking secondary employment. However, {{org_field_name}} may refuse, restrict, review or withdraw permission for secondary employment where there is a genuine and evidenced concern relating to service user safety, safeguarding, professional boundaries, confidentiality, data protection, working time, fatigue, availability for agreed work, reliability, conflict of interest, regulatory compliance, or the reputation and safe operation of the service.

For staff engaged on zero-hours, non-guaranteed-hours, bank or casual arrangements, this policy must not be used as a general exclusivity clause or to prevent the worker from seeking or accepting other work. Any restriction must be limited to legitimate reasons connected to safety, confidentiality, conflict of interest, working time, professional conduct, or regulatory compliance.

Employees who wish to take on secondary employment must obtain written approval from {{org_field_name}} to ensure that their additional work:

• Does not conflict with their primary role or responsibilities.
• Does not result in excessive working hours, leading to fatigue and reduced performance.
• Does not create a conflict of interest or a risk to service users or the organisation.

Application Process:

1. Employees must submit a formal written request to their line manager or HR department, detailing:
   • The name and nature of the secondary employer.
   • The role and responsibilities of the secondary employment.
   • The expected working hours.
   • Any potential overlap with their role at {{org_field_name}}.
   • Whether the secondary work involves regulated activity with adults or children, care work, healthcare, transport, medication support, personal care, financial support, or access to confidential information.
   • Whether the secondary work involves any individual who currently receives, previously received, or is seeking to receive care and support from {{org_field_name}}, or their family, representative, advocate, attorney or appointee.
   • Whether the secondary work is with a commissioner, supplier, competitor, agency, local authority, NHS body, brokerage arrangement, direct payment employer, or another registered social care provider.
   • The proposed weekly hours, shift patterns, night work, sleep-in arrangements, travel time, on-call commitments and expected rest periods across all employment.
   • Whether the employee has signed, or intends to sign, a Working Time Regulations opt-out with any employer.
   • Any potential impact on availability, punctuality, alertness, performance, professional boundaries, confidentiality, safeguarding, or ability to meet Social Care Wales registration and Code of Professional Practice requirements.
2. The Registered Manager or HR team will review the request and assess potential risks to care delivery and employee well-being.

The Registered Manager, with HR and/or the Responsible Individual where appropriate, will complete a documented secondary employment risk assessment before approving, refusing or placing conditions on the request. The assessment will consider:

• whether the staff member remains fit, competent, reliable and available to perform their role safely;
• whether total working hours, travel, night work, sleep-in duties or reduced rest may create fatigue or increase the risk of errors;
• whether the secondary work could affect safe staffing, continuity of care, punctuality, rota commitments or the delivery of scheduled visits;
• whether there is any actual, potential or perceived conflict of interest;
• whether there is any safeguarding, professional boundary, financial abuse, confidentiality, medication, lone working, moving and handling, infection prevention, or data protection risk;
• whether the secondary work may compromise compliance with Social Care Wales registration requirements, the Code of Professional Practice, CIW expectations, or the statement of purpose;
• whether reasonable conditions can manage the risk.

3. Employees will receive written confirmation of approval or rejection within 14 days of submitting their request.

Approval may be granted subject to conditions, including but not limited to:

• limiting or changing the days, hours or type of secondary work;
• requiring regular review of total working hours and rest periods;
• prohibiting private care arrangements with current individuals receiving care and support from {{org_field_name}};
• prohibiting access to, use of, or disclosure of {{org_field_name}} confidential information, documents, systems, rotas, care plans or service user information;
• requiring the staff member to notify {{org_field_name}} immediately of any change in secondary employment duties, hours, employer, location, risk, registration status, investigation, disciplinary action, safeguarding concern, police matter or fitness-to-practise concern;
• requiring additional supervision, welfare monitoring or review where fatigue, performance or reliability concerns arise.

Approval may be withdrawn if secondary employment is found to:

• Negatively impact performance or reliability.
• Pose a conflict of interest with {{org_field_name}}.
• Exceed working time regulations.

3.2 Identifying and Managing Conflicts of Interest

A conflict of interest occurs when an employee’s secondary employment, personal relationships, or outside interests compromise their ability to act impartially or jeopardise the integrity of their role within {{org_field_name}}.

Examples of conflicts of interest include:

• Working for a competitor or similar care provider in the same area.
• Providing private care to a service user of {{org_field_name}} outside of contracted hours.
• Holding financial or personal interests in an organisation supplying goods or services to {{org_field_name}}.
• Having a close personal relationship with a service user or their family, leading to preferential treatment or ethical concerns.

Additional examples of conflicts of interest in domiciliary care include:

• accepting gifts, money, loans, tips, hospitality, bequests or favours from an individual, family member, representative, attorney or appointee, unless managed in line with the organisation’s Gifts and Hospitality policy;
• being named in a person’s will, acting as executor, attorney, appointee, deputy, advocate or financial representative for an individual receiving care and support, unless this existed before the care relationship and has been declared and risk assessed;
• using knowledge gained through work to obtain private care work, direct payment work, personal introductions, business opportunities or financial advantage;
• recommending a family member, friend or own business to provide services, equipment, transport, cleaning, maintenance, care, advocacy or other paid support to an individual;
• being involved in assessment, review, care planning, rota allocation, complaints, safeguarding, finance or medication decisions for an individual with whom the staff member has a personal, family, financial or business relationship;
• working for another provider or agency in a way that compromises punctuality, alertness, confidentiality, loyalty, safe staffing or the continuity of care provided by {{org_field_name}};
• accessing or using {{org_field_name}} systems, records, rotas, contact details, care plans or confidential information for any purpose connected with another employer, private client, business interest or personal relationship.

Employees must declare potential conflicts of interest immediately to their line manager, who will assess the situation and take appropriate action.

Private Care, Direct Payment and Personal Arrangements

Staff must not enter into private care, support, domestic, transport, companionship, advocacy, financial, appointeeship, power of attorney, shopping, cleaning, gardening, maintenance, pet care, childcare, or similar arrangements with any individual currently receiving care and support from {{org_field_name}}, or with their family or representative, unless this has been declared in advance and expressly authorised in writing by the Registered Manager following a documented risk assessment.

Staff must not use their position with {{org_field_name}} to solicit, arrange, recommend or accept private work from individuals, families or representatives. Staff must not suggest that an individual cancels, reduces or changes their commissioned or private package with {{org_field_name}} in order to receive support privately from the staff member or another person known to the staff member.

Where a staff member had a private, family, friendship or direct payment arrangement before the individual began receiving care and support from {{org_field_name}}, the staff member must declare this immediately so that the Registered Manager can assess professional boundaries, safeguarding, confidentiality, financial abuse, rota allocation and conflict of interest risks.

Any unauthorised private arrangement with an individual, family member or representative may be treated as a serious breach of this policy and may lead to disciplinary action, referral to safeguarding, referral to Social Care Wales, referral to the Disclosure and Barring Service, or notification to CIW where required.

3.3 Managing Workload and Working Time Regulations

Employees must not exceed legal working limits, ensuring they remain fit for duty and able to provide high-quality care.

Key Rules

Staff must not work excessive hours across {{org_field_name}} and any secondary employment where this may affect their health, safety, alertness, reliability, punctuality, judgement, driving safety, medication practice, moving and handling, safeguarding responsibilities, or ability to provide safe and compassionate care.

Under the Working Time Regulations 1998, workers must not work more than an average of 48 hours per week unless they have voluntarily signed a valid opt-out. Any opt-out must be voluntary, recorded, and may be withdrawn by the worker in accordance with the relevant agreement. Signing an opt-out does not remove {{org_field_name}}’s duty to manage health, safety, fatigue and service user safety risks.

Staff must take appropriate daily and weekly rest and must not work patterns across multiple employers that create unsafe fatigue, sleep deprivation, impaired judgement, increased driving risk, or reduced ability to provide safe care.

For domiciliary care staff, working time and fatigue risk assessments must take account of scheduled visits, care time, travel time between visits, rest breaks, on-call commitments, night work, sleep-in duties, emergency cover, and any secondary employment.

Staff must tell their line manager immediately if their total working pattern, including secondary employment, may affect their ability to work safely, attend visits on time, complete care records, drive safely, administer or prompt medication safely, follow moving and handling plans, or respond appropriately to safeguarding concerns.

Health and Safety Considerations

Excessive working hours can lead to fatigue, reduced concentration, and increased risk of errors, posing a serious threat to service user safety. Employees must ensure they:

• Get adequate rest between shifts.
• Avoid working consecutive long shifts that compromise care quality.
• Report concerns about work-life balance to management.

Domiciliary Support: Rota, Travel Time, Care Time and Rest

When considering secondary employment, {{org_field_name}} will assess whether the staff member’s total working pattern may affect the safe delivery of domiciliary support visits. This includes whether the staff member can attend visits on time, complete the full allocated care time, travel safely between visits, take rest breaks where applicable, and provide care and support in accordance with each individual’s personal plan.

Staff must not accept secondary work that prevents them from completing scheduled visits, travel time, recording, medication duties, communication with the office, or other agreed responsibilities for {{org_field_name}}.

Managers and coordinators must ensure that secondary employment information is considered when allocating work where there is a risk of fatigue, lateness, missed visits, shortened visits, unsafe driving, or reduced continuity of care. Any concerns must be documented and escalated to the Registered Manager.

Where secondary employment contributes to late visits, missed visits, repeated sickness, reduced performance, fatigue, complaints, safeguarding concerns, medication errors, accidents, or failure to complete records, approval may be reviewed, restricted or withdrawn following a documented risk assessment.

Non-Guaranteed-Hours, Bank and Zero-Hours Workers

{{org_field_name}} recognises that workers on non-guaranteed-hours, bank, casual or zero-hours arrangements may need or choose to work for other employers. This policy must not be applied in a way that creates a general exclusivity requirement or prevents such workers from seeking or accepting other work.

Workers must still declare secondary employment where it may create a conflict of interest, safeguarding risk, confidentiality risk, working time or fatigue risk, professional boundary concern, regulatory concern, or impact on agreed availability and reliability.

For domiciliary care workers on non-guaranteed-hours contracts, {{org_field_name}} will comply with the Welsh domiciliary support requirements relating to the offer of alternative contractual arrangements where the qualifying conditions are met. Any discussion about contractual arrangements, regular hours or a worker’s choice to remain on a non-guaranteed-hours arrangement must be recorded.

3.4 Failure to Declare, Breach of Conditions or Mismanagement of a Conflict

Failure to declare secondary employment, outside work, a personal relationship, financial interest, private arrangement, or any actual, potential or perceived conflict of interest may result in management action, additional supervision, withdrawal or restriction of approval, investigation under the Disciplinary and Grievance Policy (DCW31), or formal disciplinary action.

The seriousness of the matter will be assessed by considering the level of risk, whether the staff member acted dishonestly, whether service users were placed at risk, whether confidentiality was breached, whether professional boundaries were crossed, whether the staff member gained personally or financially, whether the conduct affected safe staffing or continuity of care, and whether the staff member failed to follow management instructions.

Serious breaches may include, but are not limited to:

• providing unauthorised private care or support to an individual receiving care and support from {{org_field_name}};
• using service user information, rotas, care plans, family contact details or organisational records for private gain or another employer;
• working excessive hours across employers where this creates a safety, fatigue, driving, medication or safeguarding risk;
• failing to disclose work for a competitor, agency, commissioner, supplier or direct payment employer where a conflict exists;
• accepting money, gifts, loans, bequests or financial involvement from an individual or their representative without authorisation;
• acting as attorney, appointee, executor, advocate or financial representative for an individual without declaration and authorisation;
• allowing secondary employment to contribute to missed visits, late visits, shortened visits, poor care, unsafe care, medication errors, complaints, safeguarding concerns or reputational damage.

Where the concern may involve abuse, neglect, improper treatment, financial abuse, exploitation, dishonesty, harm, risk of harm, professional misconduct or fitness-to-practise concerns, {{org_field_name}} will consider whether referrals or notifications are required to the local authority safeguarding team, CIW, Social Care Wales, the Disclosure and Barring Service, the police, commissioners, or any other relevant body.

3.5 Confidentiality and Data Protection Considerations

Employees must not share confidential information about service users, business operations, or internal procedures with external employers. Any breach of data protection laws or GDPR may result in legal consequences and disciplinary action.

Staff must:

• Refrain from discussing confidential information with third parties.
• Ensure work devices, emails, and documents are kept secure and used only for legitimate business purposes.
• Report any accidental data breaches immediately to the Data Protection Officer.

These measures safeguard service user confidentiality and business integrity.

Staff must not access, copy, photograph, download, remove, disclose or use any {{org_field_name}} record, care plan, rota, medication record, risk assessment, contact details, staff details, service user information, family information, commissioner information, pricing information, business information, or internal communication for any purpose connected with secondary employment, private care, another employer, personal gain, or a personal relationship.

Staff must not discuss individuals, families, staff, safeguarding matters, complaints, visits, packages of care, fees, commissioners, incidents or internal business matters with another employer, private client, agency, supplier or third party.

Any suspected confidentiality or data protection breach linked to secondary employment or a conflict of interest must be reported immediately to the line manager and Data Protection Officer and will be managed in line with the Confidentiality and Data Protection (GDPR) Policy (DCW34), safeguarding procedures, and disciplinary procedures where appropriate.

3.6 Monitoring, Oversight and Regulatory Compliance

{{org_field_name}} will maintain effective arrangements for monitoring secondary employment and conflicts of interest as part of its governance, staffing, safeguarding, quality assurance and regulatory compliance systems.

The Registered Manager is responsible for maintaining a register of secondary employment declarations, conflict of interest declarations, decisions, conditions, review dates and actions taken. The Responsible Individual will have oversight of this register through governance and quality assurance arrangements.

The register will be reviewed at least quarterly by the Registered Manager, and any themes, risks or concerns will be escalated to the Responsible Individual. This includes concerns about staffing capacity, continuity of care, missed or late visits, fatigue, sickness, complaints, safeguarding, confidentiality, professional boundaries, or staff fitness.

Annual declarations must be completed by all staff, including nil returns. Staff must also submit an updated declaration immediately when their circumstances change.

Where a conflict of interest, secondary employment concern or breach of this policy may affect the safety, well-being or rights of individuals; the fitness of staff; the effective management of the regulated service; safeguarding; the accuracy of the statement of purpose; or compliance with the Regulations, {{org_field_name}} will consider whether notification to CIW, commissioners, safeguarding bodies, Social Care Wales, DBS, the police or other relevant bodies is required.

Records relating to declarations, decisions, risk assessments, reviews and actions taken will be retained securely and made available for inspection, audit or regulatory review where required.

3.7 Social Care Wales Registration and Professional Conduct

Staff who are required to register with Social Care Wales must maintain their registration and comply with the Social Care Wales Code of Professional Practice and any relevant practice guidance. Staff must tell {{org_field_name}} immediately if their Social Care Wales registration, application, renewal, conditions of registration, fitness-to-practise status, or professional standing is affected by secondary employment, another employer, an investigation, disciplinary matter, safeguarding concern, criminal matter, complaint or conduct concern.

Secondary employment must not prevent staff from meeting the standards of conduct and practice expected by Social Care Wales. This includes being honest, trustworthy, reliable, appropriately skilled, safe to practise, respectful of rights and dignity, and able to promote the well-being and safety of individuals receiving care and support.

Where secondary employment or a conflict of interest raises concerns about a staff member’s fitness to practise, professional boundaries, honesty, reliability, safeguarding practice, confidentiality, or ability to work safely, {{org_field_name}} will consider whether a referral or notification to Social Care Wales or another professional regulator is required.

3.8 Duty of Candour, Openness and Honesty

{{org_field_name}} promotes a culture of openness, honesty and transparency. Staff must be open and honest with managers about secondary employment, conflicts of interest, mistakes, incidents, safeguarding concerns, confidentiality breaches, fatigue, fitness to work, or any matter that may affect the safety or well-being of individuals receiving care and support.

Where secondary employment or a conflict of interest contributes to an incident, complaint, safeguarding concern, missed visit, late visit, medication error, confidentiality breach, professional boundary concern or other adverse event, {{org_field_name}} will respond in line with its duty of candour, safeguarding procedures, complaints policy, regulatory notification duties and disciplinary procedures.

Staff must not obstruct, discourage, victimise or penalise any person for raising a concern in good faith about secondary employment, a conflict of interest, unsafe practice, safeguarding, confidentiality, fatigue, professional boundaries or regulatory compliance.

3.9 Welsh Language and Communication Considerations

When assessing secondary employment or conflicts of interest, {{org_field_name}} will consider whether the arrangement could affect the organisation’s ability to meet individuals’ language and communication needs, including the Welsh language Active Offer where applicable.

Staff must not use Welsh language or other communication needs of individuals, or knowledge gained through their role, to create private care arrangements, personal advantage or conflicts of interest. Any concern that secondary employment may affect continuity of Welsh language support, communication support, or the ability to meet an individual’s personal outcomes must be escalated to the Registered Manager.

4. Governance, Records and Audit

To ensure effective governance, {{org_field_name}} will:

• maintain a central Secondary Employment and Conflict of Interest Register;
• require all staff to complete a declaration on appointment, annually, and whenever circumstances change;
• require managers, office staff, coordinators and staff involved in procurement, rota allocation, care planning, assessment, finance, recruitment or supervision to declare any personal, financial, family or business interests that may affect their role;
• keep written records of requests, declarations, risk assessments, decisions, conditions, review dates, management actions and any escalation;
• review declarations as part of supervision, appraisal, return-to-work discussions, investigation meetings and quality assurance where relevant;
• include themes and risks from declarations in governance reporting to the Registered Manager and Responsible Individual;
• ensure managers receive training on identifying conflicts of interest, professional boundaries, working time risks, fatigue, safeguarding, confidentiality, zero-hours restrictions and fair decision-making;
• audit compliance with this policy at least annually and sooner where concerns, incidents, complaints, safeguarding matters, staffing pressures or regulatory changes require it.

4.1 Declaration Form

The Secondary Employment and Conflict of Interest Declaration Form must include, as a minimum:

• staff member name, role, workplace/base and line manager;
• whether the declaration is a nil return, new declaration, annual update or change of circumstances;
• details of secondary employer, role, duties, location, hours, pattern of work, travel, night work, sleep-in duties, on-call duties and start date;
• whether the work involves care, support, personal care, medication, transport, finance, regulated activity, confidential information, adults at risk or children;
• details of any personal, family, financial or business relationship relevant to {{org_field_name}}, individuals receiving care and support, families, representatives, commissioners, suppliers or other providers;
• confirmation that the staff member understands their duties on confidentiality, safeguarding, professional boundaries, working time, fatigue, Social Care Wales registration, data protection and this policy;
• management risk assessment, decision, conditions, review date and authorising manager signature.

5. Related Policies

This policy should be read alongside:

• Staff Conduct and Code of Ethics Policy (DCW28)​
• Health and Well-being Policy (DCW25)​
• Safeguarding Adults from Abuse and Improper Treatment Policy (DCW13)​
• Confidentiality and Data Protection (GDPR) Policy (DCW34)​
• Disciplinary and Grievance Policy (DCW31)​
• Recruitment and Selection Policy
• Staff Supervision and Appraisal Policy
• Whistleblowing Policy
• Duty of Candour Policy
• Gifts, Hospitality and Anti-Bribery Policy
• Lone Working Policy
• Rota, Missed Visits and Continuity of Care Policy
• Medication Policy
• Mental Capacity and Best Interests Policy
• Safeguarding Children Policy, where applicable
• Social Care Wales Registration and Fitness to Practise Policy
• Data Breach and Information Security Policy
• Equality, Diversity and Welsh Language Policy
• Staff Sickness and Fitness to Work Policy
• Driving at Work Policy, where applicable

6. Policy Review

This policy will be reviewed at least annually, or sooner where there are changes to Welsh legislation, CIW guidance or expectations, Social Care Wales Codes of Professional Practice or registration requirements, employment law, safeguarding procedures, data protection requirements, the statement of purpose, commissioning requirements, or organisational learning from complaints, incidents, safeguarding concerns, audits or inspections.

The next scheduled review must specifically check alignment with the updated Social Care Wales Codes of Professional Practice that apply from 1 July 2026.

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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.