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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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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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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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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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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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