Managing moonlighters
Since the pandemic, there has been a growing trend of people secretly working two full-time jobs. One report by a management consultancy suggested that as many as 5% of employees may be doing this.
Flexible and remote working becoming more prevalent, the cost of living crisis, and now the rise of AI and automation are all factors that have combined to make such moonlighting more attainable for those who have the graft (and maybe gumption) to go for it.
Is it legal, though? Is it ethical? Would you have a problem if you discovered one of your employees was working a second full-time job?
To address legality first, there is nothing specifically in law that prevents someone working two jobs at once. There may be an issue around Working Time Regulations, although if the additional job is kept secret from you there is not much you can do about that; and there is provision for an opt-out on number of hours anyway.
A second income will, of course, alter their tax code which they are ultimately responsible for – a new tax code may be a clue to you that they have a second job if you were to notice it. A second employer will register them for tax and it usually ends up being at an emergency rate and then reclaimed at the end of the year.
The one point that should stop the practice dead in its tracks is if you specifically have a clause in your employment contract prohibiting them working another job – particularly not working for your clients or being in competition with you.
That brings us onto the other two questions we posed earlier. Is it ethical and do you care?
There could be an issue of trust at stake here, and also whether they are performing to their best for you. Any employer is bound to be unhappy if they discover they are paying someone who is shirking their responsibility, performing inadequately or not available at key times; could they be using company resources (especially the time you are paying for) for personal gain? This is clearly underhand behaviour that breaks the bond of trust.
On the other hand, if an employee is doing everything that is asked of them, and performing well for you whilst working out-of-hours for someone else, maybe it is not such a problem – so long as they do not burn themselves out!
Whether it is an issue now for you or not, going forwards you might look at whether your job specifications accurately reflect technologies like AI, that you have a company policy on remote work and second jobs and that employees understand what is expected of them.
If you want more protection from this phenomenon, ask us for a review of your employment contracts.
Making reasonable adjustments for chronic illnesses
When resources are tight in an SME, one of the most challenging situations to deal with is when a member of staff is absent due to a chronic illness, severe injury or another long-term malady.
It is a situation fraught with complexity. You need to balance how the business copes with a person potentially absent much more often than usual against how much the employee can give; the emotional strain on them and you; and, importantly: equality law.
A recent case caught the headlines when a lawyer working at a bank was awarded more than £1.1 million by a tribunal after being dismissed for taking time off sick and requesting to work from home.
She suffered with asthma and complained about the office air conditioning affecting her breathing. She would not stay late in the office like colleagues but did further work when she got home. Her boss deemed that she did not fit the company culture which included working long hours in the office.
In another case, an NHS employee won a discrimination claim when his request for a part-time role was denied. He had successfully applied for a full-time promotion, but a long-term health condition flared up before he could start. He was told by a senior that they did not feel they could rely on him.
Looking to make reasonable adjustments for people with a disability is law. This means that you put in place ways that allow the disabled person to work as effectively as everyone else.
Aside from the legal consequences, the benefits for your business of making reasonable adjustments are that you can retain talented staff that you might otherwise lose, empower staff to work at their best and have a more diverse workforce bringing wider skills and perspective.
The key word though is “reasonable”. It doesn’t mean you have to write a blank cheque. The legal requirement only extends to adjustments which are practical, affordable and don’t harm the health and safety of others – and they should be shown to reduce or remove the disadvantage from disability. Approaching Access to Work for funding for special equipment is really helpful.
Don’t make assumptions. Talk to any staff who are struggling with what may be deemed a disability and find out what they think they need. That will give you a good starting point for making reasonable adjustments. We are always here to help you stay on the right side of employment law, too – whether they are ultimately to stay or go. So if in doubt, contact us.
Handling divisive topics in the workplace
The tragedy unfolding in the Middle East has raised societal tensions in many countries around the world. Some employers have already faced challenging scenarios where employees voicing sentiment for one side or the other have gone too far.
A bank worker was sacked after writing a post on Instagram endorsing the Holocaust, whilst a train driver was suspended for pro-Palestinian chanting when on the clock.
While everyone in the UK has a fundamental right to free speech, this is curbed in certain, mainly obvious, instances – like using violence.
Managing free speech in the workplace adds an extra layer of complexity. First and foremost workplaces should be professional environments where strong personal views are not appropriate (unless aligned with the business’s values).
You do also have to consider the Equality Act 2010, where anyone made to feel uncomfortable because of their religious beliefs or because of their race could lodge a complaint of discrimination – certainly the case with events in Israel and Gaza.
Many companies choose to have an explicit policy governing what level of political discussion can take place at work. This will guide them in how to respond when someone gets overly political, and stresses that above all we should be tolerant of other views. If you would like to prepare such a policy for your business, get in touch.
£15,000 for hurt feelings
If your eyebrows are raised, good because so are ours. It is a troublesome aspect of being an employer, though, that you can get taken to a tribunal for all manner of trivial matters. Some will get thrown out, but others do result in penalties.
In the case cited in our title above, £15,000 was awarded specifically for injury to feelings after being left out of a WhatsApp group – it was part of a larger £134K settlement. In another example, a supermarket worker was awarded nearly £9K after being made to feel extremely upset. She had been asked to return to work from an extra break she was taking due to stress.
A case of a delivery driver suing for unfair dismissal after being sacked for stealing packages did not stand. So a line in the sand is drawn – just not where many rational people may think.
All claims are expensive in terms of time and legal fees before you think of any award payment. Our Advice Line comes with tribunal indemnity insurance that can protect you from the costs of such cases, so long as you act on our advice from the outset. If you are not already signed up to it, ask us for more details.
No such thing as a free lunch!
…So the old saying goes and that was certainly the case for a banker who bought lunches on expenses for his partner (albeit, just sandwiches and the like) whilst away on a business trip in Europe.
He was dismissed for misrepresenting the truth when challenged on why he was buying two of everything whilst away. He took his employer to court and lost, due to his initial misleading behaviour.
It is a sad story but one which highlights the importance of clearly communicating an expenses policy, having a control process to pick up irregularities when authorising expenses and the bond of trust between employer and employee – no matter how big the company.
When AI goes wrong
While there can be no doubt that AI will have a profound impact on the future of the workplace, there are, right now, plenty of anecdotes of AI going a little bit awry…
Like the AI programme which was too keen and confirmed its acceptance to a staff drinks reception. We are not sure what its tipple of choice would have been!
Or how about the candidate supposedly busted on social media for using AI live in a job interview to answer some of the questions that were posed to her.
Maybe one AI programme which we could all get behind is that one promising to attend boring meetings in your place; as long as it does not then start moaning about them!