Moonlighting

Breeches of employment contract

 

What is process Moonlighting?
By definition moonlighting is “having a job in addition to ones regular employment” and is very common in some industries, with an increase in flexible working hours and job roles than can be carried out from home we have seen a rise in the number of individuals seeking additional employment.
 
In some cases the individual is working outside of their regular working hours with full consent from their employer and there is no issue providing there is no detrimental effect on their primary position. In other cases employees take leaves of absence in order to fulfil the duties required by their additional position and this is where problems arise.

All good employment contracts will state whether an employee can seek additional employment along with clauses such as an acceptable amount of hours and whether or not they can work for competitors or firms within the same industry.

Moonlighting
We have helped many employers establish the truth about their employee’s, it can be very difficult to make allegations based on suspicions which is why we provide concrete photographic evidence that can be used to confront the employee and prove either a breach of contract or simply that they are failing to fulfil their duties.
 

Case Study

An employee at a telesales company had been spotted drifting off or paying very little attention by his colleagues on multiple occasions and had been asked by his manager what the issue was. He told his manager that he had been having trouble sleeping and it wouldn’t happen again.

The manager kept an eye on the employee and noticed that his productivity levels were significantly lower than other employees on his team so the manager asked the team leader if he had seen anything unusual or had any explanation as to why this member of staff seemed so tired and had such a poor work rate.

The team leader told the manager that he had seen him putting a uniform for a takeaway restaurant into his locker one morning and that he always visited the toilet before leaving so he assumed he must have a second job but it had only been happening recently.

They decided to arrange a meeting wit the employee and ask him if he had a second job, initially the employee denied it but then admitted he had been working the occasional shift at a local takeaway restaurant. They asked him how many hours he was working and explained that his contract of employment stated he may seek additional employment providing he could still fulfil his duties. The employee was asked how many hours he was working and said no more than 6-8 hours a week which would not have been an issue so they asked him to put more effort in and no further action was taken.

After a month or so the employee had still been performing poorly and the managers suspected he was working more hours than he was willing to admit and that was causing the issue, they contacted the local takeaway who stuck with his story and said he was only working one or two evenings a week and only they only offered 4 hour shifts. The story seemed too convenient so the managers contacted us to find out how many hours the employee was really working.

The ‘working time directive’ or ‘working time regulations’ state you cannot work more than 48 hours a week on average (Usually measured over a 17 week period or 40 hours a week (8 hours a day) if you are under 18 unless you have opted-out of the 48 hour week.

If you are over 18 you can opt-out out by choice or your employer can ask you to opt-out but your employer cannot sack you or treat you unfairly for refusing to opt-out

Employees caught moonlighting are often in breach of this restriciton on hours

We sent 2-man team to conduct surveillance at the local takeaway and saw the employee was working as a delivery driver, making trips to and from the shop to collect orders and then dropping them off on a moped. We were able to obtain photographic evidence of the employee working shifts of up to 10 hours totalling between 30-40 hours a week, after 3 weeks the employer decided the take the information we had supplied and confront the employee.

The evidence we supplied was used in the disciplinary hearing and the firm were able to take action against the employee for failing to fulfil his duties due to additional employment.

More information:Government guidelines on working hours

WHAT OUR CUSTOMERS SAID

  • Incredibly discrete, still can't work out how they managed to get the results without being spotted. Very impressed.

    VS, West Dulwich

  • I work 6 days a week so it was very handy that the investigators were willing to carry out the bug sweep on a Sunday

    CC, Clapham

  • When one of our staff members suffered a simple injury at work we did not think much of it, a month or so later the employee's symptoms seemed to take a turn for the worse and she claimed that the company was at fault for not not conducting thorough enough safety tests. There was no CCTV at the scene of the accident so it was going to be a difficult case to prove but we received a tip from another employee that she had been seen out of work showing no signs of injury. We spoke to an investigator to ask for some advice initially, they explained what they felt would be necessary based on previous similar cases and we decided to go ahead. The job was completed very quickly and ultimately the reports were used to resolve the injury claim, we were particularly impressed with the discrete invoicing as we did not want to discuss the issue with the accounts department until it had been resolved.

    LK, Croydon