SL111-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}} understand the rules and expectations regarding secondary employment and conflicts of interest. This policy protects the integrity of our service and ensures that:

Staff working multiple jobs do not compromise their well-being or performance.
There are no conflicts of interest that could jeopardise professional conduct, impartiality, or safeguarding responsibilities.
Compliance with Care Quality Commission (CQC) regulations, employment law, and confidentiality requirements is maintained.

This policy ensures that secondary employment and potential conflicts of interest are transparently managed, reducing risks to people we support, colleagues, and the organisation.

2. Scope

This policy applies to:

All employees, including full-time, part-time, agency, and bank staff.
Senior managers and directors, ensuring leadership accountability.
Contractors or temporary staff, where applicable.

It applies to any secondary employment, business interests, or activities that could impact an employee’s primary role and responsibilities at {{org_field_name}}.

3. Legal and Regulatory Compliance

This policy aligns with:

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014:
- Regulation 18 – Staffing (Ensuring staff do not work excessive hours that impact care quality)
- Regulation 17 – Good Governance (Managing conflicts of interest that could affect service integrity)
- Regulation 12 – Safe Care and Treatment (Ensuring secondary employment does not compromise safe care delivery)
- Regulation 13 – Safeguarding from Abuse (Preventing conflicts of interest that could lead to financial abuse or exploitation)
Working Time Regulations 1998 – Limiting excessive working hours to protect health and safety.
Equality Act 2010 – Preventing discrimination when managing secondary employment.
Bribery Act 2010 – Preventing conflicts of interest related to financial gain.
General Data Protection Regulation (GDPR) 2018 – Ensuring that external employment does not compromise confidentiality or data protection laws.

4. Principles of Secondary Employment and Conflict of Interest Management

Transparency – Employees must declare all secondary employment or business interests.
Well-being and Performance – Employees must not work excessive hours that affect their health, safety, or ability to perform duties.
Safeguarding and Integrity – Any conflicts of interest (financial, personal, or professional) must be disclosed to protect people we support.
Confidentiality – Employees must not use their position at {{org_field_name}} for personal gain or share confidential information with third parties.
Compliance with Regulations – All secondary employment must be lawful and compatible with care sector requirements.

5. Secondary Employment Approval Process

Employees must obtain written approval from their line manager or before taking on any secondary employment.

5.1 Declaration of Secondary Employment

Employees must submit a formal request stating:

The name of the secondary employer or business.
The type of work involved.
The hours expected per week.
Any potential conflicts of interest with their role at {{org_field_name}}.

Failure to declare secondary employment may lead to disciplinary action if it results in performance issues, regulatory breaches, or safeguarding risks.

5.2 Reviewing Secondary Employment Requests

Managers will assess the secondary employment request based on:

Impact on work performance at {{org_field_name}}.
Compliance with Working Time Regulations (ensuring weekly working hours do not exceed legal limits).
Potential safeguarding or ethical conflicts (e.g., working for a competitor or having financial ties to people we support).
Confidentiality risks, including GDPR compliance.

If approved, the employee must inform their manager of any changes in secondary employment circumstances.

6. Managing Conflicts of Interest

A conflict of interest arises when an employee’s personal, financial, or professional activities interfere with their duties at {{org_field_name}}.

6.1 Identifying Conflicts of Interest

Examples of conflicts of interest include:

Financial Interests – Owning or being involved in a business that provides services similar to or competing with {{org_field_name}}.
Personal Relationships – Providing care to family members or close friends within the organisation.
Accepting Gifts or Incentives – Accepting money, gifts, or favours from people we support or their families in exchange for preferential treatment.
Dual Employment in a Competitor Organisation – Working for another care provider in a similar or senior role that could create a conflict of duties.
Access to Confidential Information – Using confidential data for personal or business gain.

6.2 Reporting and Managing Conflicts of Interest

Employees must declare any potential conflict of interest to their line manager.
If a conflict is identified, an appropriate action plan will be put in place, which may include:
- Reallocation of duties to remove the conflict.
- Additional supervision or monitoring.
- Declining approval for secondary employment if it compromises professional integrity.

Failure to declare a conflict of interest may lead to disciplinary action.

7. Working Time Regulations and Fatigue Prevention

Employees must not work excessive hours across multiple jobs that lead to:

Reduced performance and concentration.
Increased risk of errors in care provision.
Health and safety concerns due to fatigue.

Under UK Working Time Regulations, employees must not exceed:

48 hours per week, unless they opt-out in writing.
11 hours of rest between shifts.
At least one 24-hour rest period per week.

Managers will monitor working hours to ensure compliance.

8. Confidentiality and Professional Conduct

Employees must not:

Use confidential information from {{org_field_name}} in their secondary employment.
Discuss people we support, staff, or business matters outside of the organisation.
Share data, policies, or procedures with external organisations without authorisation.

Breaches of confidentiality will result in GDPR violations and potential disciplinary action.

9. Handling Breaches of this Policy

If an employee fails to comply with this policy, {{org_field_name}} may:

Conduct an internal investigation into the breach.
Revoke approval for secondary employment.
Issue a warning or disciplinary action based on the severity of the conflict or misconduct.
In serious cases, terminate employment if the conflict significantly compromises the organisation’s integrity.

10. Staff Training and Awareness

All employees will receive mandatory training on secondary employment and conflict of interest management.
Managers will be trained to identify and assess risks related to conflicts of interest.
Regular compliance checks and reviews will ensure this policy is followed.

11. Related Policies

SL09 – Confidentiality and Data Protection Policy
SL13 – Safeguarding Adults from Abuse Policy
SL16 – Health and Safety at Work Policy
SL18 – Risk Management and Assessment Policy
SL27 – Staff Supervision, Training, and Development Policy

12. Policy Review

This policy will be reviewed annually, or earlier if:

Employment laws or CQC regulations change.
A significant case of policy breach occurs.
Staff feedback suggests improvements.

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.