Belinda Sarkodie was ordered to pay £8,891.50 in costs to the Solicitors Disciplinary Tribunal after it ruled she had acted dishonestly and misled her employer.
Sarkodie claimed she was working solely for law firm Muve (trading as Connect 2 Law) while also working remotely for another two firms.
The tribunal document, published on 30 May, stated that Sarkodie had capitalised on an “extremely busy period for the conveyancing industry” during the Covid-19 pandemic by taking on multiple jobs for her own financial gain and not informing her employer.
"Employees working multiple jobs can cause a number of problems to employers", said Matt Jenkin, employment partner at law firm Herrington Carmichael.
Jenkin told HR magazine that employees working multiple jobs are in “potential breach of the Working Time Regulations as any work which the employee does for another organisation is included when calculating working time”.
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Employers looking to manage these problems should include a suitably worded clause in the contract of employment, Jenkin explained.
He continued: “Depending on the seniority and requirements of the role, that could provide for a complete ban on having another job or requiring that the employee obtains their employer’s prior written consent to take on another job.”
Jim Moore, employee relations expert at HR consultants Hamilton Nash, also highlighted the importance of addressing moonlighting during onboarding.
Moore told HR magazine: “The simplest approach is a direct question during the selection process about whether the individual has any interests or obligations that might conflict with the employer's interests.
“It will always be difficult to detect when a prospective new hire is deliberately concealing other employment or business activities, but a reminder about the conflict-of-interest policy and the potential consequences of non-compliance will make it hard for an individual to claim they weren't aware of the policy.”
Read more: What should HR do if an employee gets a second job?
Sarkodie was discovered to be working multiple jobs after clients complained about her work, and employers raised concerns that she was not readily contactable while working remotely.
Sarkodie defended herself by telling the tribunal that she worked up to 100 hours a week while at home during the pandemic, and was able to complete all tasks required under all three jobs.
However, the tribunal ruled that she acted dishonestly by filling out timesheets incorrectly.
There are certain telltale signs that an employer should be aware of that suggest an employee is working multiple jobs, Jenkin explained, including “social media posts that indicate they have other jobs or side businesses; attendance issues such as regular requests for time off on specific days, intermittent sickness absence, arriving late or finishing early; and performance issues which could include an employee consistently appearing tired, missing deadlines and making mistakes”.
Read more: Employees' second jobs putting employers at risk
If an employee is caught moonlighting after a fair and thorough investigation, then the practical ramifications need to be factored into the disciplinary decision, added Moore.
He explained: “A modest amount of work outside of hours that has little impact on the employee's day job would perhaps only warrant a warning.
“Drawing a salary or claiming payment for the same hours from more than one employer would likely constitute gross misconduct, especially where there is a conflict of interest between the business interests of the relevant employers.”
