Secondary employment rejection letter

Where an employee has sought your consent to their taking on a second job, use our new letter where you’re not willing to grant permission for that secondary employment.

Considering permission

Our Outside Business Interests Clause requires an employee to seek the prior written permission of their line manager before undertaking any other work or activity outside their working hours, and this applies whether the work is employment, self-employment, voluntary work or involvement in a family business (but note that this will be unenforceable if it’s in the contract of a zero hours employee, or an employee whose net average weekly wages don’t exceed the lower earnings limit). Assuming an employee then seeks your consent to a second job in compliance with the clause, you need to be reasonable in your approach and so shouldn’t just say no for the sake of it. Consider such relevant issues as whether the proposed work or activity:

• would be in direct or indirect competition with your business, or would or might cause a conflict of interest
• would or might impair the employee’s ability to perform their duties for you fully, efficiently and safely
• would result in them working in excess of the maximum 48-hour average working week in breach of the Working Time Regulations 1998 (although they could sign an opt-out agreement to resolve this issue)
• would or might impact on their health and safety when working for you, or on the health and safety of others in your workplace, e.g. because of the particular working hours of the second job.

Refusing to grant permission

Our Secondary Employment Rejection Letter enables you to decline to grant permission for the requested second job and to set out the reasons why. We’ve cited all the reasons referred to above so you can select which are appropriate, or alternatively you can come up with other reasons related to your own business needs.

Disciplinary offence

Our letter also includes a paragraph outlining that undertaking secondary employment without your permission is a disciplinary offence which could result in disciplinary action being taken and, depending on the circumstances, it may amount to gross misconduct. Therefore, this serves as a warning to the employee outlining what may happen if they ignore your refusal to grant permission and start the second job anyway.