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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 69287
Experience:  Qualified Employment Solicitor
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I am currently under investigation for not declaring a

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Hi, i am currently under investigation for not declaring a second employment that i had years before joining my employer with whom i have been with for the past 10years and the previous one for the past 17 years. i have had an interview recently, and it is likely that it may end up with misconduct.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: i called ACAS was advised to contact in the event that i was not in agreement with the outcome.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i do not belong to the Union. i am a team leader with a London borough
JA: Anything else you want the lawyer to know before I connect you?
Customer: My argument is that i am an exemplary employee in both positions; they are not in conflict of interest, and i did not knowingly mislead in not disclosing.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What does your employment contract state regarding work outside of the business?

Customer: replied 1 year ago.
Hi the Contract does not seem to cover this area, however the General Code of Conduct states that "..... employees must not engage in unauthorised employment during hours when contracted to work .. ""nor engage in employment during off-duty hours that is detrimental either to the post-holder's ability to carry out their duties or to the interest and oar reputation of the ..... or which will result in them working excessive hours and placing themselves and services users at risk"Anther section states that "employees must devote their whole time service to the work"

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. Such clauses are not uncommon and it is not unreasonable for an employer to expect its employees to ensure that they devote all their time, efforts and energy to them, rather than other business interests outside of work. Another important consideration is that workers have certain limits on how many hours they can work on average and right to receive minimum rest breaks so if you are working across two jobs you may not be sticking to the legal limits on working hours and that could potentially place your employer unknowingly in breach of the laws.

Whilst they can consider this as an act of misconduct, you can argue that it should only result in a warning for you, based on the factors you have mentioned. You need to be given a chance to fix this if you can, such as getting their permission to carry on with this other job or to stop it and adhere with the contract you have.

Just be aware though that the employer can dismiss you if they wanted to and nothing can prevent that, but if it does happen then you would be looking at a potential unfair dismissal claim due to this being an unreasonable decision based on the circumstances.

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 1 year ago.
thank you very much

All the best

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