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The news coverage of the Greensill scandal and “double-hatting” in the Civil Service has raised serious questions around taking on second jobs. At the same time, the Covid-19 pandemic will have driven many employees into taking on additional jobs, whether due to financial concerns around job uncertainty, furlough or perhaps even out of a sense of civic duty. In many cases, there will not be any issue where an employee takes on another role outside of their primary job. Readers may know someone who, in their spare time, acts as a magistrate, a school governor, or an army reservist. However, from time to time a second job may pose risks to an employer, including conflicts of interest – both real and apparent, performance and absence issues, leaks of confidential information and (as we have seen with the Greensill scandal) reputational damage. What legal issues arise? Is it unlawful to take on a second job? In general, no. Every employee in the UK has a term implied into their contract of employment to serve their employer with good faith and fidelity – that is to provide honest, loyal and faithful service during the employment relationship. However, this duty typically only becomes
