There isn’t any denying that the UK is submerged in a value of residing disaster, with Shelter reporting a rise of 45% (since April 2022) in renters being behind with, or persistently struggling to pay, their lease (a rise to nearly 2.5 million renters). It’s no shock that many are turning to second (and even third) jobs to try to improve their revenue.  

Getting one other revenue stream in itself could trigger potential points when it comes to time (and lack of it for household and your family members) and elevated tiredness, in addition to the shortage of any work-life steadiness, however some might even see no different possibility than to tackle one other job. 

Nonetheless, additional issues could happen when your new revenue stream impacts your current job, and never simply due to your tiredness and lack of power. 

May your new revenue stream, taken on to assist preserve your head above water, truly put you in jeopardy of shedding your foremost revenue? 

Attainable implications of taking further jobs 

As an worker, you should have each categorical and implied phrases inside your contract of employment that, if breached, may carry your employment to a direct finish and, in some instances, imply that it’s important to pay your employer. 

Implied phrases embrace an obligation of constancy (as established in Faccenda Hen Ltd v Fowler [1986] 3 WLR 288) which, in fundamental phrases, implies that the worker should act in good religion and never compete with their employer.  

It will make sense so that you can tackle one other job in your talent set and in the same business to your foremost function, not least as a result of you may capitalise in your experience and expertise. Nonetheless, this might fairly simply imply that you’re competing together with your current employer and are subsequently susceptible to being dismissed for a breach of your contract. 

This implied time period does go additional, however right here I’ve highlighted the methods wherein it might be breached (possibly even innocently) by taking on a second job. 

Categorical phrases are prone to be extra apparent and workers must be extra conscious of them as they are going to be said of their contract. 

I talk about beneath a few of the commonest categorical phrases of an employment contract which will trigger points when taking over a second function, however the primary one to look out for needs to be an categorical clause stating that the worker can’t work for anybody else whereas employed by the employer (often with out their consent or approval). It is a frequent clause inside employment contracts. This may occasionally appear apparent, however it’s shocking how shortly you overlook all of the clauses you signal as much as as soon as you’re in a job. How many people truly return and overview our employment contracts commonly? 

Employment contracts, particularly these for extra senior roles, may additionally embrace a clause that states the worker should commit the entire of their time, consideration and skills to the enterprise. Working for one more employer, even when it’s not a competing enterprise, may breach this clause. If you’re working for another person, can you actually be devoting your entire time and a focus to your foremost employer? 

For some roles, workers may additionally have restrictive covenants (often known as post-termination restrictions) and these will limit what they can do each throughout their employment and after their employment ends. These are prone to embrace clauses that forestall the worker from poaching employees and purchasers from their employer, however may trigger the worker issues in the event that they tackle a second function meaning they’re coping with their foremost employer’s purchasers or clients and suppliers, as these are prone to be protected by the restrictive covenants. A breach of those covenants will be very expensive, each in defending any authorized motion and injunction but in addition in damages. This might result in the worker shedding their second job (via an injunction) in addition to their foremost job and result in them paying damages and authorized charges (one thing that could be not possible when the very motive they’ve taken the second job is to assist their monetary scenario). 

In the end, taking over that further revenue is probably not all that easy and may trigger you to lose your foremost revenue and worsen your monetary circumstances.