HR Problems Page
Monday, November 7th, 2011
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Moonlighting
We have discovered that one of our full-time employees works an evening shift at a local company. Can we stop him?
Reply
You can take action against him in three circumstances. First does his job with the other company contravene his contract with you? It would do so if, for example, he was in a position to pass on confidential information about your products, processes, databases or financial information. Second you could discipline him if you had a reasonable belief that the extra work was making him too tired to perform effectively for you, for example he made mistakes, was slow or was arriving late for work. And third, you would need to ensure that he did not in total work more than the maximum hours allowed under the Working Time Regulations. In this last case you would need to determine how many hours he worked for the other company and insist that he reduce them appropriately.
Confirming contract changes
We have recently agreed a few changes to our employees’ contracts of employment. Do we have to issue and get signatures for new contracts?
Reply
That would be a belt and braces job but would ensure that everyone now and in the future had a clear record of how contracts stood immediately after the agreed changes. However it is sufficient in law for you to give each employee a written note of the changes within one month of them coming into effect. Do what you feel most comfortable with.
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