There is nothing in legislation specifically disallowing people from working more than one job, including being
self-employed. Nor is there anything generally limiting the maximum hours they can work. Some industries have
regulations around continous hours and forced breaks, for example driving/transport, but generally if people want to
work 14 hours a day, they can.
It is however, commonplace for employers to include clauses in Employment Agreements limiting staff's abilities and
freedoms in this regard.
Generally speaking imposing these restrictions has to be reasonable and justified from either a business interests or
Health & Safety point of view. An employer needs good reason and to be explicit about what the restrictions are and why.
Legitimate business reasons might cover issues like; Intellectual property protection, confidentiality of commercially
sensitive information, conflicts of interest and non-competition.
Health & safety reasons would include the avoidance of employee fatigue and burn out particularly with physically demanding
Grounds of reasonability for restrictions of secondary employment vary of course in case by case. For example it would
be harder to reasonably justify precluding a part time employee from engaging in a second job over the same restriction
for a full time staff member.
Aside from any explicit clauses in the Employment Agreement there is an underlying duty of fidelity and loyalty inherant
and expected in an Employment Relationship. Staff are expected to give their employer full efforts and loyalty. Anything
which could damage the employer's business in this respect could be argued to constitute a breach of fidelity, and could
justify termination of employment and compensation accordingly.
Relying solely on good faith and the expected duty of fidelity is often not enough to protect the Employer's interests
alone, and we do strongly recommend the explicit inclusion of any desired restrictions in Employment Agreements.
Ensure you have these in yours by using our latest Employment Agreement templates
, and if you believe you require more than the standard protection get in touch with our team for advice.