Employment Lawyers Can Answer Your Employment Law Questions
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?
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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.
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