Agreement to employee request to take second job letter template

UK employment law and best practice

This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.

An agreement to take a second job should be considered in light of the employee's contract, the nature of the additional work and any relevant legal requirements. Employers should distinguish between legitimate operational or safety concerns and restrictions that may be unlawful or unenforceable. This letter records approval; it does not replace the employment contract or remove either party's statutory obligations.

Employment contract and outside employment

Employers should check the employee's contract and relevant policies for provisions concerning additional employment, conflicts of interest, confidentiality, working hours and notification requirements. Any conditions imposed should be consistent with the contract and applicable law. Where a contract needs to be varied, the appropriate agreement and process should be followed.

Working Time Regulations 1998

The 48-hour average weekly working limit generally applies across a worker's jobs, normally calculated over a 17-week reference period, subject to the statutory rules and exceptions. Where an employee works for more than one employer, employers should discuss combined hours and consider relevant health and safety risks. An opt-out from the average weekly limit must be voluntary; an employee should not be pressured or subjected to detriment for refusing to opt out. ACAS guidance is available at https://www.acas.org.uk/working-time-rules/the-48-hour-weekly-maximum and government guidance is available at https://www.gov.uk/maximum-weekly-working-hours/calculating-your-working-hours.

Rest periods and health and safety

The Working Time Regulations also provide daily and weekly rest entitlements and rest breaks, subject to applicable exceptions and special rules. Employers should consider whether additional hours could create fatigue or other risks, particularly where the employee operates machinery, drives, works at height or undertakes other safety-sensitive activities. A risk assessment may be appropriate where the combined working pattern creates a foreseeable risk. The relevant legislation is available at https://www.legislation.gov.uk/uksi/1998/1833/contents.

Exclusivity restrictions

Employers must not assume that a contractual requirement to obtain consent for a second job is enforceable in every case. Exclusivity terms are unenforceable in zero-hours contracts and in certain other contracts where the worker's net average weekly wages do not exceed the applicable lower earnings limit. Additional protections and rules may apply as legislation changes. Employers should check the employee's circumstances and current law before relying on an exclusivity clause. The relevant legislation and government guidance are available at https://www.legislation.gov.uk/uksi/2022/1145/contents and https://www.gov.uk/guidance/zero-hours-contracts-guidance-for-employers.

Confidentiality, conflicts of interest and fair treatment

Employers may take proportionate steps to protect confidential information, intellectual property, customer relationships and legitimate business interests. Any restrictions should be relevant to the actual risk and should not be broader than necessary. Requests should be assessed consistently, taking account of the employee's role, the nature of the second job and any potential conflict. Where a refusal or change to approval could affect employment, the employer should explain its reasons and follow the relevant contractual and workplace procedures.