UK workers face possible jail time for having double jobs – what you should know
Having a second job, known as moonlighting, is not illegal. However, whilst in the past someone might work 09h00 to 17h00 in an office and then work in a pub in the evenings, there is an increasing trend for individuals to hold two supposedly full-time jobs, receive two full-time salaries, but not fulfil their contractual obligations to either employer.
According to legal firm Dentons, this practice is known as ‘polygamous working’. Employees who work two full-time jobs are (unsurprisingly) usually not working their contracted hours and splitting their time between both roles.
“With the rise of home working post-Covid, it has become easier for employees to work multiple jobs without detection. Many people are drawn to the idea of a second income, especially during a cost-of-living crisis.
“Social media influences often promote such practices as a means of increasing income, and advice circulating on how to manage dual roles only compounds the problem,” the firm said.
Why it can lead to trouble
What social media may often overlook is that deliberately concealing dual, simultaneous employment can amount to fraud, Dentons said.
“The National Fraud Initiative (NFI) is part of the Public Sector Fraud Authority’s data and analytics service. Through the data it receives from 1,100 participating public and private sector organisations, it identifies potential cases of polygamous working,” it said.
In a recent pilot scheme in London, looking specifically at permanent employees and those employed through agencies, the NFI identified 23 polygamous workers resulting in overpaid salaries totalling around £500,000.
In perhaps the most extreme example, the NFI uncovered an individual who had held three roles in three government departments during two separate time frames, having withheld his civil service employment history during the application process for the second and third roles.
Employers will be concerned about the potential for breaches of confidentiality, particularly where the employee is working for a competitor, Dentons said.
“If one of their employers discovers their deception, a polygamous employee also faces significant personal and financial consequences, in terms of the repayment of overpaid wages and cost contributions, as well as even potential imprisonment.“
Side hustles are not the same thing
Dentons noted that side hustles are also increasingly common in the modern labour market, particularly among younger workers.
However, the firm noted that side hustles are not the same as polygamous working, with the worker normally carrying out a side hustle during their free time in evenings and at weekends.
They can, however, lead to some of the same issues, such as a detrimental impact on performance or confidentiality concerns, and there is also a risk of a side hustle spilling into the employee’s contracted hours, the firm said.