Additional Employment During Off Duty Hours

Section Working Hours and Time Off
Source Assistant Chief Executive, Personnel Division
Issue Date 20th March, 1989
Amended Corporate Resources Ratification Committee 19th April 2000, July 2006, June 2013, June 2014, May 2021, June 2022

Introduction

All existing and prospective employees are required to inform the Executive Director/Assistant Director of the employing department of any other employment in which they are engaged.

In order to protect both the Council and its employees from potential conflicts of interests and having regard to the provisions of the Working Time Directive, the following must be observed.

An employee shall not engage in any other business, or undertake any additional employment, without the express consent of his/her Executive Director/Assistant Director (or another senior officer nominated by the Assistant Director) who has delegated authority in respect of this matter.

Each case must be considered on its merits and it is not possible to reject a request without good reason.

1. Declaring/Obtaining Consent for Additional Employment

Declarations/ requests to undertake additional work must be made in writing to the appropriate Executive Director/Assistant Director using Form AE1 (below).

The form should also be used to provide information to the employing department relative to additional employment with Sefton Council e.g. the employee may work in Operational In-House Services and then secure additional employment within Children’s Social Care. In such cases both departments shall hold a copy of the information on the employee’s personal file.

A response to a request must be given within ten working days of its receipt. Where a request is rejected the employee may appeal in accordance with the grievance procedure.

In the vast majority of cases it is envisaged that consent will be granted. Where consent is not granted relative to potential conflict of interest a full reason will be given and the employee will have the opportunity to appeal under the Grievance Procedure.

All employees must ensure that they regularly update their line manager of any changes to their working hours in respect of additional employment. Managers should regularly update the information they hold. Executive Directors/Assistant Director can review the status of the approval given at an earlier date, if changing circumstances dictate.

It should be noted that it is not the intention of this policy to unreasonably prevent employees from undertaking additional employment. However, any employee who undertakes additional work without the express consent of his/her Executive Directors/Assistant Director may be subject to disciplinary action.

In the case of a potential infringement of the Working Time Directive, and where there is no conflict of interest issue, the following options will be explored with the employee:

not pursuing the additional employment;
re-arranging the additional employment or,
where feasible, the employment with the Council;
entering into a permissible individual agreement to waive the Working Time Directive.

It must be emphasised that very few, if any, difficulties are anticipated and in all cases individuals will have the right to be represented and, if necessary, may appeal under the grievance procedure.

Any employee who knowingly provides false information in respect of additional employment may be liable to disciplinary action.

A copy of the AE1 form together with the response/acknowledgement, must be securely held, and recorded by the Executive Director/Assistant Director on the Service Area Register (or by the CE in the case of Executive Director/Assistant Director). A copy of the AE1 form must be placed on the employee’s personal file. Send the copy to Transactional HR via email to Centralchanges@sefton.gov.uk

2. Additional Information

No employees of the Authority shall engage in any other business, or take up additional employment, in the following circumstances where:

i) the work/activity has not been declared to the Authority, or the express consent of the employee's Assistant Director has not been given;

(ii) such business or employment would conflict or react detrimentally to the Authority's interests, or in any way weaken public confidence in the conduct of the Authority's business;

(iii) the additional work requires the approval of the Authority e.g. preparing building plans, operating a residential home or involves transactions with the Authority;

(iv) the additional work is likely to affect the performance of the employee concerned or his/her position in the Authority;

(v) he/she is an employee of the Legal Department and seeks to carry out conveyancing for gain; or

(vi) he/she undertakes such work/activity which may contravene current legislation, or is not in keeping with established best practice.

No employee is allowed to carry out business or additional work in the Authority's time, in the Authority's premises or using the Authority's equipment. Anyone doing so is liable to disciplinary action.