N58. Moonlighting (Staffing)

Policy Statement

{{org_field_name}} recognises that from time-to-time employees may seek to take up separate employment with another employer or pursue outside business interests while still remaining in {{org_field_name}}’s employ. Although {{org_field_name}} has no desire to restrict an employee’s external activities, it must seek to protect its own interests and those of all its employees. To this end, {{org_field_name}}’s policy is that employees will not be permitted to undertake business activities or other work where {{org_field_name}} considers that this is incompatible with its interests and, in any event, unless employees have obtained the prior written authorisation of _________.

Procedure

When an employee proposes taking up external employment or pursuing separate business interests, the employee must request an interview with _________ with a view to establishing the likely impact of these activities on {{org_field_name}}.
The employee will be asked to provide full details of the proposed work and specific consideration should be given to the following areas.

a. Working hours: is the employee proposing to conduct their affairs entirely outside their contractual hours of work, or is there likely to be some overlap? Will the total hours worked for both employers exceed the maximum allowed under the Working Time Regulations?
b. Competition: is the employee intending to work in competition with {{org_field_name}}, either in their own right or for a competing organisation? If so, is there a real risk of a conflict of interest and/or confidential information being used to {{org_field_name}}’s detriment?
c. Health, safety and welfare: is the employee proposing to carry out work which is inherently hazardous and where the risk of injury is high (should the employee become injured or fall sick as a result of other work, the employee’s sick pay entitlement will be affected) and is the extra work likely to cause undue fatigue, stress, etc which will affect job performance with {{org_field_name}}?

If, after investigation, _ considers that the proposed activities are incompatible with the individual’s obligations to {{org_field_name}}, permission will be refused. This should be notified to the employee in writing detailing the reasons for refusal. Employees should be advised that if they are dissatisfied with the decision, they should make use of {{org_field_name}}’s grievance procedure.
Where an employee’s proposed work does not significantly affect their employment with {{org_field_name}}, permission should be given in writing to the employee. This should include a provision reminding the employee of their obligations to {{org_field_name}} and stating that should the external activities subsequently have an effect on their employment with {{org_field_name}}, permission may be withdrawn.
Additionally, employees should be advised that any material changes to the circumstances of their outside interests must be brought to the attention of {{org_field_name}}.

Training

{{org_field_name}}’s moonlighting policy will be discussed with new employees during their induction training.

Reviewed on: {{last_update_date}}

N58. Moonlighting (Staffing)