HCS129-Secondary Employment and Conflict of Interest Policy

Registration Number: {{org_field_registration_no}}

Secondary Employment and Conflict of Interest Policy

1. Purpose

The purpose of this policy is to ensure that all employees of {{org_field_name}} conduct themselves with integrity and transparency when engaging in secondary employment or any activities that may pose a conflict of interest. This policy sets out clear guidelines to ensure that staff commitments outside of their primary role with {{org_field_name}} do not compromise the quality of care, professional standards, or the organisation’s reputation. It also establishes a framework for identifying, reporting, and managing potential conflicts of interest in compliance with Health and Social Care Standards (Scotland) and the SSSC Codes of Practice for Social Service Workers and Employers (2024).

2. Scope

This policy applies to all employees of {{org_field_name}}, including full-time, part-time, temporary, and agency staff, as well as volunteers and contractors who work on behalf of the organisation. It governs any form of secondary employment, self-employment, voluntary work, or business interests that may have a bearing on the individual’s primary role within {{org_field_name}}.

3. Related Policies

This policy should be read in conjunction with the following:

Code of Conduct Policy, ensuring professional standards are upheld at all times.
Confidentiality and Data Protection Policy, preventing the misuse of sensitive information.
Supervision and Performance Management Policy, ensuring that external commitments do not impact job performance.
Whistleblowing Policy, providing a framework for reporting undeclared conflicts of interest.
Disciplinary Policy, outlining consequences for non-compliance with employment standards.

4. Policy Statement

{{org_field_name}} recognises that employees may engage in secondary employment or other activities outside of their primary role. However, such commitments must not:

Interfere with an employee’s ability to perform their duties effectively.
Create a conflict of interest where personal, financial, or business interests could undermine impartial decision-making.
Compromise the quality of care provided to individuals supported by {{org_field_name}}.
Result in unauthorised use of company resources, confidential information, or professional relationships.

Employees are required to declare any secondary employment, business interests, or personal relationships that may give rise to a conflict of interest and seek approval from management where necessary.

5. Responsibilities

5.1 Responsibilities of All Employees

Employees must:

Disclose any secondary employment, self-employment, or personal business ventures to management.
Avoid working excessive hours in another role that may lead to fatigue or impact their ability to provide safe care.
Maintain strict confidentiality and not use any information gained from their role at {{org_field_name}} for personal or business gain.
Avoid engaging in private care work for individuals supported by {{org_field_name}} unless formally approved.
Report any potential or perceived conflicts of interest as soon as they arise.

5.2 Responsibilities of Management

Managers must:

Ensure all employees are aware of their obligation to declare secondary employment.
Assess each declaration of secondary employment to determine if there is a risk to the organisation.
Provide written approval or refusal for secondary employment requests.
Monitor staff performance and wellbeing to ensure external commitments do not affect their primary role.
Take appropriate action if a conflict of interest is identified, including further investigation, restriction of duties, or disciplinary measures.

5.3 Responsibilities of Senior Leadership

Senior leadership must:

Develop and review conflict of interest management strategies.
Ensure policies are compliant with Care Inspectorate Scotland regulations.
Oversee and manage reported conflicts of interest in a fair and impartial manner.

6. Declaring Secondary Employment

6.1 When to Declare

Employees must declare secondary employment:

At the time of joining the organisation.
Before accepting any additional job or business interest.
Whenever a change in circumstances could lead to a potential conflict of interest.

6.2 How to Declare

Employees must complete a Secondary Employment Declaration Form, providing:

Details of the secondary employment (employer, job title, working hours).
The nature of the role and whether it relates to social care.
Any potential overlap or conflict with their duties at {{org_field_name}}.
Confirmation that the secondary role does not breach working time regulations.

Management will review the request and determine whether approval is granted, denied, or subject to conditions.

7. Managing Conflicts of Interest

7.1 Identifying Conflicts of Interest

A conflict of interest may arise when an employee:

Works for a competitor or a similar care provider while employed at {{org_field_name}}.
Provides private care services to an individual supported by {{org_field_name}} outside of working hours.
Has a financial or personal relationship with a company that supplies services to {{org_field_name}}.
Holds a managerial or decision-making role in a business that could benefit from insider knowledge.

7.2 Managing and Resolving Conflicts

If a conflict of interest is identified, management may take the following actions:

Permit the secondary employment with conditions, such as restricted working hours or role limitations.
Require the employee to withdraw from certain duties where conflicts exist.
Deny the secondary employment request if it poses a significant risk to the organisation.
Monitor the situation and conduct regular reviews to ensure compliance.

If an employee fails to declare a conflict of interest, disciplinary action may be taken in line with the Disciplinary Policy.

8. Working Hours and Wellbeing

Employees must ensure that secondary employment does not lead to excessive working hours that may impact their health, safety, or performance. {{org_field_name}} follows the Working Time Regulations 1998, which state that employees should not exceed an average of 48 hours per week across all jobs unless they voluntarily opt out.

Managers will regularly review employee wellbeing and fatigue levels during supervision sessions. If secondary employment is affecting job performance or safety, appropriate steps will be taken to reduce working hours or modify duties.

9. Safeguarding and Confidentiality

Employees must not:

Use any confidential information from {{org_field_name}} for personal gain or external business interests.
Promote or offer private services to individuals they support while employed by {{org_field_name}}.
Accept gifts, money, or favours from individuals receiving care that may result in preferential treatment or influence professional judgement.

10. Reporting Concerns and Whistleblowing

Any employee who suspects undisclosed secondary employment or a conflict of interest should report their concerns through the Whistleblowing Policy. Reports will be handled confidentially, and no employee will face retaliation for making a genuine disclosure.

11. Compliance and Monitoring

This policy aligns with the SSSC Codes of Practice for Social Service Workers and Employers (2024). Regular audits will be conducted to ensure compliance with secondary employment declarations and conflict-of-interest management. Supervisors will discuss potential conflicts during appraisals and supervision meetings to ensure ongoing transparency.

12. Policy Review

This policy will be reviewed annually or sooner if legislation, business needs, or Care Inspectorate requirements change. Any updates will be communicated to all employees to maintain compliance and awareness.

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.