Second Jobs and The Working Time Regulations Trap

The recession has prompted many people to seek a second job to supplement their incomes and this can have implications for employers under The Working Time Regulations. Under the regulations, an employee is allowed to work a maximum of 48hours per week averaged over a 17 week period unless extended by a workforce or collective agreement. However employees can opt out of the 48 hour maximum but they can't be forced to do so, plus if they do voluntarily opt out, they can also opt back in at any time by giving notice to their employer. What some employers do not realise is that the limit applies to all jobs an employee might have. For example, many people look for second jobs in the hospitality and tourism industry in hotels, restaurants, cafes and this trend has been on the rise in the past six months according to recruitment agencies.

It is important therefore that employers check if their current employees are undertaking additional outside work, and if they are, then it would be good practice to inform them that if they are to work more than 48 hours a week on average, in all their jobs, then they will need to sign an opt out agreement. Employers might also consider reviewing employment contracts to include a clause in future which will require employees to get specific permission before accepting futher work elsewhere.

If employers consider recruiting seasonal staff even if only temporarily, it would be wise to discuss with them the amount of other work they do and if necessary ask them to sign an opt out agreement. Also remember that the opt out agreement only covers the 48 hour maximum and all other statutory requirements such as a minimum break of 20minutes in any 6 hour shift etc all still apply.

The other thing to remember about The Working Time Regulations is that they come under Health and Safety and not employment legislation so even if employers have signed opt out agreements they remain responsible for employees health and safety at work ie the need to make sure employees are not too tired to carry out their duties safely and correctly.

Contact me if you need help with opt out agreements or reviewing your employment contracts.

Disclaimer: the contents of this blog are not intended form the basis of legal advice. Independent legal advice should be taken from your own solicitor for all cases.