Can you have two jobs? What HR teams need to know

Let’s say you’ve just discovered that one of your star employees is juggling not one but two full-time jobs. Can you have two jobs in the UK, and is it legal? Can you do anything about it as an employer? And if so, what should you do next?

In the UK, almost 1.33 million people are working two jobs. This is primarily due to the ongoing cost-of-living crisis, with prices soaring for food, energy and household bills. It’s also more feasible as remote working has become commonplace.

This has created a modern work landscape where some people need more than one full-time job just to get by. However, tackling multiple jobs can set up some sticky legal and ethical snares.

In this article, we’ll cover the legal implications of working two jobs in the UK, risks for employees and employers, tips for constructive conversations with employees working multiple full-time jobs and more.

Key takeaways

• In the UK, you can legally have two jobs at the same time.
• Some company policies might prevent employees from taking on additional work.
• If you believe an employee is working two full-time jobs, review the company’s employee handbook, employment contracts and any company policies.

Can you have two jobs in the UK?

Yes, you can work two jobs at the same time in the UK. However, just because it’s legal to work two full-time jobs, it doesn’t mean it aligns with company policies. Some contracts of employment might prevent employees from taking on additional work, meaning working for another company could be grounds for termination.

In most cases, these clauses are in place to stop employees from working directly with competitors, clients, suppliers or any other areas where there is a conflict of interest.

As an HR professional, you must be familiar with the employee handbook and review individual contracts regularly. This allows you to have an open dialogue with any employees considering working two jobs and ensures you follow the correct process.

What is moonlighting?

Moonlighting is another way of referring to an employee working an additional job, usually part-time, outside their primary working hours. Importantly, moonlighting is often a temporary gig that’s used to earn extra income, learn new skills or find personal fulfilment.

There are many forms of employee moonlighting, such as:

• working a full-time job and a part-time job,
• working full-time during the week and freelancing on weekends,
• and having a nine-to-five job and running a side business during weeknights.

For example, an employee may come into the office to work their 9 to 5 and then wish to work at a local restaurant in the evenings or take on freelance work in their spare time.

Is moonlighting illegal or just unethical?

Moonlighting itself isn’t illegal, as you can have two jobs in the UK, and it’s not inherently unethical either. However, there may be employment restrictions, both legal and contractual, that can affect whether someone can have a second job. This includes an employee’s contract, UK employment laws and any industry rules.

For example, let’s say someone works full-time as a software engineer during the week and moonlights as a part-time dance instructor on the weekends. If the employee isn’t violating exclusivity clauses and continues to meet company performance standards, this arrangement is generally acceptable.

What is dual employment status?

Dual employment refers to when an employee works two jobs at the same time. While moonlighting means taking on a side gig, dual employment is when a person has two distinct employers, each with formal employment contracts and potentially full-time hours.

Let’s say someone’s juggling two full-time roles—a full-time software engineer and a full-time instructional designer. Even if the working hours don’t overlap, the employee might get into trouble if their performance starts to slip in one or both jobs, or if these companies are competitors.

Unlike moonlighting, which is a little less complex, dual employment makes tax and legal compliance more complicated, especially around maximum working hours.

What should you do if you believe an employee is working two full-time jobs?

If you believe an employee is working two full-time jobs, review the company’s employee handbook, employment contracts and any policies regarding moonlighting or conflicts of interest.

Before taking action, consider:

• Are you certain that the employee is working two jobs?
• Is working two jobs impacting the employee’s performance?
• Is there a clause in your policy or handbook that prevents an employee working two jobs?

How to tell if an employee has a second job

If you suspect an employee is working a second job, it’s crucial to abide by company policies and respect the employee’s privacy.

If you want to look into it, here are some methods to consider:

• Check social media. Review their LinkedIn profile to see if they have two current employers listed and check other social media platforms to see if they’ve posted about another job or side business.
• Search Google. Searching the employee’s name might show public information about their involvement with other organisations or freelance projects.
• Review attendance records. If the employee has been regularly requesting time off for specific days or frequently calling in sick, coming in late or leaving early, they may be working another job. However, these can also be signs of burnout or issues outside of work, so approach this issue with empathy.
• Observe behaviour and work performance. Does the employee constantly seem tired or stressed? If they’re also missing deadlines, making uncharacteristic mistakes or generally unable to handle their typical workload, it may be a sign they’re overemployed.

How to respond to an employee with multiple full-time jobs

If your organisation explicitly prohibits working two jobs full-time, your documented policies should also outline how to proceed (e.g., a warning or termination).

On the other hand, if there are no established policies about dual employment, first assess their work performance. If the employee is still fully present at work, isn’t working for a direct competitor and still meets deadlines and company standards, it may not be an immediate concern.

However, there’s still potential for conflicts of interest or burnout in the future. So if your company doesn’t already have documented policies on additional employment, this is a good time to put them in writing.

If you’ve verified that an employee is working multiple full-time jobs, here are some steps for approaching the matter sensitively:

1. Meet privately. Discuss the issue in a non-confrontational manner. Fostering open communication will allow you to express any concerns about their work performance and let them share their side of the story.
2. Review company policies. If your company has established policies on dual employment, conflicts of interest or moonlighting, go over them together. It may just be a misunderstanding. However, if it’s a clear policy violation, inform the employee of the consequences.
3. Assess and mitigate risks. Even if their second employer is not a direct competitor, dual employment may be a conflict of interest if it affects their ability to perform well in their primary job. You may have to ask them to terminate their external employment if they wish to remain with your company.
4. Determine what employees need. In most cases, employees work multiple jobs out of financial necessity. Consider reviewing and adjusting compensation structures, so employees don’t need to be overemployed. If that’s not possible, consider alternatives such as a flexible working arrangement.
5. Document the agreement. Summarise the discussion and any agreed-upon actions in writing to ensure mutual understanding.
6. Monitor the situation. Regularly check in with the employee to ensure they’re meeting performance standards. If they violate the documented agreement, be prepared to take further action, up to and including termination if necessary.

If you decide to allow external employment, create a clear policy outlining what’s permitted, any disclosure requirements and potential consequences for violating the policy. For instance, you might require employees to disclose other employers or side businesses so that you can assess potential conflicts of interest or other risks.

Also, be clear that although your company may allow employees to work multiple jobs, they’re still expected to have regular availability and meet performance standards.

Can you fire an employee for looking for another job?

No. In the UK, you can’t fire someone for simply looking for another job. If you wish to do so, there has to be a suitable reason to dismiss them.

For example, if an employee’s job performance has suffered because they’re no longer focused on the current role, they could be disciplined on capability grounds. Similarly, if an employee is looking for another job during work hours, they are likely to be in breach of company policy.

Even when it’s legally permissible to terminate an employee for the negative impacts of them seeking another job, it’s important to approach this sensitive matter carefully and consider the potential consequences.

All employers must be able to show they have:

• a valid reason for dismissal that they can justify
• acted reasonably in the circumstances.

Instead, consider having an open conversation with an employee seeking other opportunities and addressing any underlying company issues to improve their job satisfaction.

Multiple jobs FAQs

Still have unanswered questions about whether your employees can have two jobs? Let’s dig a little deeper.

Is working two jobs a conflict of interest?

It depends. Working two jobs can be a conflict of interest under certain circumstances, such as:

• Working for competitors: employees who work for direct competitors will likely have access to trade secrets, proprietary information and other confidential data from both companies, leading to potential legal repercussions.
• Conflicting schedules: if the hours of an employee’s second job overlap with their primary job’s schedule, this could lead to costly cases of time theft.
• Divided loyalties: having a second job might lead the employee to have strained relationships with one or both employers.

Are there different laws outside of England when it comes to working two jobs?

In most instances, you can legally work two jobs at the same time in England, Wales, Scotland and Northern Ireland.

Most employment laws are consistent across England, Wales and Scotland. However, employment law is a devolved matter in Northern Ireland, so there will be some differences in legislation compared to the rest of the UK.

Next steps for HR handling multiple job employees

Ultimately, there are no legal implications of working two jobs in the UK (even two full-time jobs), but it’s important to take steps to ensure compliance and to protect your company culture. Make sure your company has a policy, and communicate it clearly.