Taking on two jobs
A second job may seem an attractive way of bringing in extra income, but are you allowed to by law, and do you need to tell your employers? TheSite.org looks at what the rules are when one job just isn't enough.
Is it legal?
There is nothing in law that stops you having a second job, although there are some things you need to be aware of:
- Working time regulations;
- Tax implications;
- Contractual requirements and conflict of interest.
Working time regulations
The law states there is a maximum number of hours you can work each week (averaged at 48 hours a week), although you can choose to opt-out of this if you want.
"If you will be working over 48 hours because of a second job then your main employer will need to have a signed opt-out agreement from you and should monitor the hours you work in a week," says Sue Terry from ACAS, who deal with employee-employer relations. "If they feel working the long hours has an effect on your duties they may feel they need to speak to you regarding your performance."
If you are under 18 you can't work more than eight hours a day, and no more than 40 hours a week. You can't opt out of this.
Tax implications
Unfortunately, the taxman will still want to take his share of your wonga from your second job. You'll also have to make National Insurance contributions.
Because you won't have a P45, when you start your second job you'll need to fill in a P46. You can get one from your employer or download one from HM Revenue and Customs (HMRC) website. Your employers will see that you've declared that you have another job, but you don't have to tell them where you're working or how much you're earning.
If they feel working the long hours has an effect on your duties they may feel they need to speak to you regarding your performance.
Your personal allowance will usually only be used against your main job and tax deducted accordingly, although you can ask for your allowance to be split between jobs. You will have two tax codes - one for each job (so if you are really working hard and have three jobs, you'll have three codes!
You will have two tax codes - one for each job (so if you are really working hard and have three jobs, you'll have three codes!). It's important to check that the right tax code [link to understanding PAYE] is being used for each job, so have a look at your payslips If you have multiple tax codes , or you think you are paying too much tax, it's worth contacting HMRC to check you understand what's going on and that you are being taxed correctly.
Contractual requirements
You might like to believe that what you do outside of your working hours is up to you, and your employer doesn't have a say in what you get up to, but unfortunately it's not like that.
Your contract of employment may well have a clause preventing you from doing anything that is a potential conflict of interest or could bring your employer into disrepute. Depending on where you work will depend on what your contract states, but it's worth checking before you take up a second job.
Your employer is not going to be happy if you're doing some extra hours at a rival company, and they are unlikely to look favourably upon you spending evenings as a lap-dancer if your day job is school teacher. There could be legal problems if you are working for a company that supply or buy from your employer, particularly if you are involved in the transaction in any guise.
It's worth being open with your employer about your other life; they'll often see it as a good way to develop your skills and keep you motivated, particularly if there aren't a lot of opportunities within your company. So if you're doing a spot of DJing, wedding photography or some bar work to bring in some extra cash your employer may well not see it as a problem.
Your employer can't simply bar you from taking a second job if there's nothing in your contract that prohibits it, and there isn't any obvious deterioration in your performance. If they attempt to, it is worth getting specialist advice from ACAS or a local Citizens' Advice bureau.
Print this page Email this page to a friend Add to favourites
