Section 33 subsection 1 of the Organisation of Working Time 1997 states the following:
“An employer shall not employ an employee to do any work in a relevant period during which the employee has done work for another employer, except where the aggregate of the periods for which such an employee does work for each of such employers respectively in that relevant period does not exceed the period for which that employee could, lawfully under this Act, be employed to do work for one employer in that relevant period.”
There is an obligation on employers therefore to establish if any employees have second employments and to establish how many hours are being worked in these second employments. The total hours worked across both employments should not exceed the 48 hour weekly average as specified in the Act.
Employers should ensure that employees complete a Double Employment Form stating whether or not they have a second employment and, where relevant, how many hours are being worked in the second employment. Employers should also make employees aware that they are obliged to inform the employer of any changes in these working patterns to ensure continued compliance with the Organisation of Working Time Act 1997.
Nursing Home and Homecare employers should be particularly vigilant as double employment is quite common in these sectors.
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