Employer asks if you have any other employment

[Wing Commander]

Hi all,

My current employer have it in their contract that I have to tell them if I have any other employment, and then they will decide if i'm allowed to carry on with it.

I understand if it's on a related field, it could be a problem, but what if the additional work is completely unrelated?

In my opinion, it's none of their business and I prefer not to discuss my private life with them and ask their permission.

Could they legally enforce something like this if they found out I had something I earn some pocket money from on the side.

To add, my extra work in no way conflicts with my day job. If it did, my company would already know about the job!

Thanks

[Tonsko]

[Edit]. I know nothing.

[2lefthands]

They may wish to know from a tax and NI point of view, make a decision on whether the other job leaves you too tired to perform your role safely and to make a judgement on the likelihood of your second job impacting on your role with them or encroaching on their 'paid' time.

[anonymous-user]

You have made a contractual promise to inform the employer of other employment. If you do not keep that promise, you will be in breach of contract. The employer could dismiss you for not keeping your promise. Bear in mind that the relationship is one that requires trust and confidence on both sides.

If you do inform the employer of another job, and it objects unreasonably to you doing that job, and dismisses you for this reason, you might have a claim for unfair dismissal. It is implicit that the employer's refusal of consent should be reasonable.

[DCS01]

Does not stop MP's from having more than one job.

[spikeyhead]

DCS01 said:

Does not stop MP's from having more than one job.

Which clause in their contract prevents it?

[anonymous-user]

MPs are not employees, and do not work as MPs pursuant to a contract.

[KrazyIvan]

Just to add what others have said, in our contracts we are expected to be available to work over time at a reasonable notice/request, and this is the reason we are not allowed a 2nd job. Check your contract and you may find you have the same clause and as such if your employer asks you to work over time and you decline due to your other job, what do you think they are going to do?

[Hoofy]

I don't see why you can't tell them. I've done similar for several years and been very open with my previous employers.

You're a call centre operative on a gay chatline aren't you?

[Eric Mc]

They absolutely need to know if you have another source of PAYE taxed income as otherwise they cannot obtain the correct PAYE Code so they can tax you properly. Another source of PAYE taxed income does not have to be another job - it could be a pension income.

[Pabl0]

They also need to know if by doing both jobs you contravene Working Time Directive/Regulations. If you do there could be other potential issues such as insurance.

[P-Jay]

As Eric said you have to if it's a PAYE role.

I think most places have a similar clause in the employment contract, as long as there isn't a conflict of interest, or any reason why it would hinder you in work (working 8 hour night shifts as well as having a full-time day job for example) they should be ok with it.

I've done a bit of freelance work in the past in the evenings, told my employer and they were fine with it.

[CurvaParabolica]

There are also impacts on certain benefits you may receive from one/your main employer; i.e. if you have private medical insurance from them but you injure yourself at the second workplace, it may complicate issues.

[Soovy]

Wing Commander said:

Hi all,

My current employer have it in their contract that I have to tell them if I have any other employment, and then they will decide if i'm allowed to carry on with it.

I understand if it's on a related field, it could be a problem, but what if the additional work is completely unrelated?

In my opinion, it's none of their business and I prefer not to discuss my private life with them and ask their permission.

Could they legally enforce something like this if they found out I had something I earn some pocket money from on the side.

To add, my extra work in no way conflicts with my day job. If it did, my company would already know about the job!

Thanks

It is absolutely their business. Tell them. If you don't then you are in breach of contract.

Your choice.

If you don't like it, work somewhere else.


If you don

[GoneAnon]

Your PAYE code with your current/main employer is NOT affected by a second income - the taxman does realise that some people may not want an employer to now about other income.

I do a temporary job every year where I take a few days leave, provide my tax code to the second employer and they then deduct my tax and NI in full from their payment to me.

When I work out what I am to pay into my pension to get back to basic rate tax I include my main salary, car and other BiK and the second income,then make the contribution to my pension, call the tax man after the P60s come in and claim my tax rebate.

[Eric Mc]

That's OK if you are comfortable with sorting out your own tax affairs. Many are not and expect their employers to deduct tax correctly from their salaries.

Obviously, if you want to be overtaxed at source and sort it out later, that is your choice.

[GoneAnon]

The overpayment and reclaim only occurs because of my decision to divert surplus income to my pension, and I don't think that is avoidable even with only one job.

Why would one employer want to take responsibility or liability for the tax and NI on earnings from elsewhere?

Is the other employer even ALLOWED to pay gross on the basis that the main employer will deduct and pay the correct tax and NI?

[GoneAnon]

Also, most people will use all their personal allowance on their main job, so the additional job is fully taxable - the second employer makes those deductions at source so you automatically pay the right amount.

[Wing Commander]

Sorry for the slow reply.

The extra work I do is completely flexible and is managed, tax-wise, by me, so my employer's HR dept have no technical requirement to know.

I am only talking about a few hours of bits and bobs on a weekly/fortnightly basis, something that would not interfere if my company wanted me to do any overtime etc.

My worry is that, once in a while (maybe once a month), I will get a call during the day which I will try to take. I will then work back the time after work, or lunch etc. They are happy about this, but I don't ever want them to be able to use it as ammo if they wanted.

Anyway, I am going to tell them. As many have alluded to, there is no real reason not to, especially as it does not interfere or cross over with my day job in any way whatsoever.

Thanks all for the input