Watch out for polygamous working!
Watch out for polygamous working!
A solicitor has been struck off the roll after she was found to be working for three law firms at the same time. This isn't an isolated case, as so-called polygamous working appears to be on the rise. What are the warning signs to watch out for?
Multiple simultaneous jobs
The solicitor was employed full time for one law firm but she was also working as a full-time locum for two other law firms, submitting timesheets and claiming payment for the same hours at both locum firms whilst also being paid a salary by her employer. After her misconduct came to light, she was struck off the roll for dishonesty.
Where employees secretly hold two or more full-time roles simultaneously and receive two full-time salaries, but they don't fulfil their contractual hours to either, this is often called "polygamous working" or "concurrent working". Such employees are usually motivated by financial gain, and it's easier for them to get away with it when they are remote working, as they can often split their time between the roles without detection. However, it can amount to fraud, which could result in criminal prosecution and possible imprisonment.
Tip. Hold regular check-ins with remote workers to look for signs of polygamous working.
Working for more than one employer
Your employment contracts may contain a clause requiring employees to seek your consent for second jobs, which are outside their working hours. Given the dishonesty involved, a polygamous worker probably isn't going to seek your consent to their second job even if contractually required to do so, and therefore you are unlikely to be aware that they are also working elsewhere. The consequences of their conduct can be serious for your business, including: (1) health and safety risks if they hold safety-critical responsibilities and they aren't fulfilling their contractual obligations; (2) breach of the 48-hour average working week (as this covers hours across all their jobs) unless there's an opt-out agreement in place, which could lead to an unlimited fine for you; and (3) breaches of confidentiality, particularly where the second job is for a competitor.
Tip. Even if you don't have a clause on secondary employment (and it is best to have one), ensure your contracts require staff to devote their whole time and attention to their role during their contracted hours. You could also ask them to sign periodic declarations about secondary employment.
How to spot polygamous working
To spot an employee who may be working polygamously, watch out for: (1) sharp and unexpected decline in performance or productivity; (2) frequent absences; (3) decreased availability for meetings; (4) increased difficulties in contacting them on demand; (5) long delays in receiving responses from them to emails, messages, etc.; (6) extended periods of online inactivity; (7) vague explanations about their daily activities and (8) increased fatigue. Monitoring tools will also assist, but you must first comply with privacy and data protection rules to use those.
Tip. If you suspect an employee is working polygamously, review the obligations in their contract. Then have an open conversation with them about performance or availability issues. If you gather evidence of polygamous working, you can take disciplinary action for fraud/dishonesty and/or breach of contract. In serious cases, dismissal for gross misconduct would be justified.
With remote workers, watch out for sharp and unexpected declines in performance or productivity, frequent absences, unavailability for meetings, extended periods of online inactivity, vague explanations about daily activities and difficulties in getting hold of them. Polygamous working is a ground for disciplinary action if you have evidence