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Daughter called into meeting questioned about 2nd job why she not made employer aware/conflict of interest Employer asking for email when 2nd job started hours etc and access to her phone


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My daughters manager called her into meeting and told her they have been made aware/brought to their attention my daughter has a 2nd job (outside of work hours) and  this is a conflict of interest because her contract states she must tell the employer of any 2nd employment she has. My daughter confirmed to the employer she has a 2nd job.

He employer is now wanting my daughter to send an email to include the following

 

1. Name of employer

2. When she started work and how many hours a week she is working

3. Why she started the 2nd job(outside of work hours and due to debt)

4. Why she never told the employer (my daughter said she was not aware/did not throroughly read the contract given over 10 years)

 

My daughter is working a few hours here and there for uber so all data on her phone

 

The employer is asking to go through my daughters phone to check the start date of employment, how much she is getting paid etc, can her employer do this?

My daughter needs to send her employer an email by tommorow, what does she need to add to the email?

 

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they need to check that over the two jobs she isn't breaching the working time directive. Also that she has no conflict of interest between the employers.

 

I cant see a reason for needing the pay rate.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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3 minutes ago, Homer67 said:

As we are no longer EU members I don't believe the EWTD has to apply.

 

The government disagrees with you

 

WWW.GOV.UK

Working time directive and maximum weekly working hours including how to calculate your weekly working hours and working time limits if you're a...

 

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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3 minutes ago, Emmzzi said:

 

The government disagrees with you

 

WWW.GOV.UK

Working time directive and maximum weekly working hours including how to calculate your weekly working hours and working time limits if you're a...

 

No it doesn't: You can choose to work more by opting out of the 48-hour week.

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OP does not state an opt out has been signed. It therefore seems more likely that it has not, and the regulations apply retrospectively, so they need to check for breaches.

 

See also ACAS

 

WWW.ACAS.ORG.UK

How many hours an employee can work each week.

 

If an employer finds out their employee has another job

The employer must make sure their employee is not working more than an average 48 hours a week in total across both jobs.

Example

Tracey works an average of 30 hours a week in a factory. This week, she tells the factory manager that she has also started working 20 hours a week in a cafe.

The manager tells Tracey she risks working more hours than the legal limit. Therefore Tracey must either reduce her total working hours to below 48, or agree to opt out of the weekly limit. 

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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A second job is 99% of the time reportable to main employers, because there are so many potential issues.

 

Not just a conflict of interest in some cases.

 

But could also present a health & safety issue for some jobs.  If someone was regularly driving for Uber at night and operating machinery the next day, the H&S risk would need to be considered.

 

Covid risk - Carrying passengers in a car for journeys and then going into an office the next day.   This would need to be considered by an employers, as  having many strangers in a car for periods of time and then coming into an office, is probably something the employers would not be happy with, if they had been told.

 

 

 

 

 

 

 

 

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Daughters employer has sent an email stating....now youve confirmed your working for a courier company, please provide

 

1. Name of courier company

2. when work commenced with company?

3. How many hours a week you have/intend to work with them?  (no fixed hours/self employed)

4. What are your working hours with the company? (no fixed hours/self employed)

 

Is my daughters reply in bold for questions 3 and 4 o..k? as the nature of her 2nd job means the courier company does not provided fixed working hours or days a week. You get what hours given and upto you if you decide to take the work or not

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I think she needs to tell them week by week how many hours she has done so they can check for that 48hour max. She's being too vague for them to be able to agree the work is ok. Being reticent won't help the situation; honest and open is the way to go.

 

Is there any driving involved in her main employment?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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week by week hours vary so she can't give an approx figure.

her work have said they want to make sure she is not working too many hours and it doesn;t effect her own work.

 

no driving in her main job

Edited by linzie
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They don't need an approximate figure for past hours worked. They need an actual. She will know what she has worked in the past, surely?

 

And for the future hours per week, the answer needs to be a number which adds up with her first job hours to under 48! She needs to say something like "I do about 10 hours a week for them."

 

Vague answers are the surest way to ensure permission is withheld,  and make them want to investigate this breach of contract. Specific, open and honest....

Edited by Emmzzi

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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1 minute ago, linzie said:

can her work place ask to see phone with the driving app she works for?

 

They can ask, she can refuse, and they can choose to draw their own conclusions from that. If they have a reasonable belief she's doing an unsafe amount of hours elsewhere they could go down a dismissal route.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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"3. How many hours a week you have/intend to work with them?" has a past tense in it to my eye.

 

Anyway - that's the best legal advice I have at this point. Good luck to her and let us know how she gets on.

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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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