Subject to any restrictions in the employment contract, an employee can have a second job or even a third job if they want to. However, the WTR (Working Time Regulations) 1998 restricts how many average hours an employee can generally work in a week and includes requirements for workers to have certain amount of rest periods between working days.
In the case of Ogumodede v Churchill Contract Services [2025] EAT the employee held two cleaning jobs, one during the day and another during the night working a total of 77.5 hours per week. As a result of a transfer under the Transfer of Employment (Protection of Employment) Regulations 2006, both jobs eventually came under the responsibility of the respondent employer. The number of working hours was a clear breach of the WTR by the employer and a serious breach of health and safety.
To address this the employee was suspended from the lowest paid job, and a range of options were explored including working reduced hours so the employer could be legally compliant. All options were rejected by the employee so she was dismissed from the lowest paid job. Her various claims to the Employment Tribunal were dismissed and the tribunal found she was fairly dismissed. The tribunal took into account the employee’s failure to declare the second job and the reasonable approach taken by the employer in offering the various alternative options.
Key takeaways
Even if a contract prohibits second jobs without employer consent, employees may still take them. While this can seem like misconduct, employers must consider the risk of unfair dismissal if the employee has over two years’ service. This case shows that dismissal may be upheld if handled with a fair process and reasonable approach. Alternatives should also be explored, such as reduced hours or an opt out agreement under the WTR.
How we can help
The Employment Service Manual includes chapters on the WTR and is accessible on our website Employment Manual.
Not yet an NFU Employment Service member? Join today and take advantage of a host of guidance to support you navigating the complex world of employment law.
You'll also receive access to a wide range of member benefits – with discounts ranging from cars to health insurance.
For more information, call us on 0370 840 0234 or email us at [email protected]