Polygamy, or the secret holding of more than one job at a time, could be on an upward trend, especially as remote or home-working workers become harder to monitor. Nic Paton reports that it causes HR a variety of problems – including legal, contractual and criminal issues, but also health, safety and confidentiality.
The high-profile case of civil servant Kashim chowdhury brought to light the issue of ‘polygamous work’ or employees holding multiple full-time positions without their employers knowing.
Chowdhury, 54, was accused last month of working full-time for the Department for Environment, Food and Rural Affairs, the Department of Health and Social Care, and Tower Hamlets Council.
He was also accused of dishonesty and lying regarding his employment. He denied all charges, and at the time this article was written, the case was still ongoing.
Chowdhury is not alone in his case. While the concept of a “side hustle” alongside (or after) a day job is nothing new, The Times reported police and employers have been forced to crackdown on staff who’moonlight’ in secret.
The rise of hybrid and remote work has also made it easier for employers to monitor and more accessible for employees. The article cited findings from the National Fraud Initiative, which identified 23 cases in London boroughs involving half a million pound of overpaid wages over a period a few weeks.
The report also highlighted the case a social worker who worked the same hours for both Hampshire County Council as well as Southend-on-Sea Borough Council. This person was caught only because they answered a phone call while on a Teams video call unmuted with Hampshire staff with the words “Hello, you’re going through to Southend Children’s Services.”
The paper reported that social media influencers are also common on sites like TikTok, where they share tips on how employees can fool their bosses and earn multiple salaries through ‘overworking’.
There are multiple HR issues that overlap.
How can HR handle this new challenge? Qarrar Soomji, Witan’s employment law specialist, explains that polygamous work raises a variety of HR issues, some of which overlap. There are also concerns about health and safety and confidentiality.
Employers should have clear policies that require employees to either declare a secondary job or request permission before accepting one.” – Qarrar SOMJI
He advises that the best place to begin is with your employment contract. Employers should have clear conditions that require employees to declare or request permission before accepting a second job. It’s not about stopping people earning an extra income, but about ensuring employers are aware so they can manage risks.
Employers can ask their staff to sign a waiver from the 48 hour limit on a week if they are working extra hours in another job. It is important to have open and honest discussions. It’s easier to remain on the right side if employees feel comfortable discussing second jobs.
Employers should be clear about the fact that their staff can’t work for competitors, or use confidential data from one job to do another. This will reduce the risks of conflicts and data breaches. Somji advises that this can be built in to the contract, and supported by policies on data use, confidentiality of clients, and IT systems.
“From the point of health and safety, exhaustion is the greatest risk. Employers must ensure that staff is getting enough sleep, particularly in jobs involving heavy machinery or physical labor.
It is important to ensure that staff adhere to the legal limits on working hours and rest breaks. “It’s also important to conduct a risk analysis when an employee changes his or her working hours. And develop a policy for the company that includes working hours, overtime and shift-swapping,” says Mr. He.
Fraud and criminal activity are a risk
Laura Eshelby is the head of economic crimes at Clue Software. She stresses that employers and HR need to be aware of the criminal risks of this type of deception, particularly the fraud potential.
For example, in a recent LinkedIn post, she highlighted the dangers of “insider” threats to employers and pointed out that 47% of fraud reports are caused by existing employees. By its nature, dual or polygamous work is fraudulent for one or more employers.
She pointed out that employees may feel compelled to work polygamously due to financial hardships or a feeling of grievance. They might also be motivated by a sense that they are not paid enough, or because their employer can afford it.
There is also the allure of the ‘opportunity’. It is that you seem to be able to get away with it more easily today, without much threat of punishment or repercussion. Eshelby said: “An employee takes a chance when they see it.” This is often due to a lack of internal control, an unauthorized access to financial systems, or abuse in authority.
Joanna Dodd is the legal director of Clarion Solicitors and, like Witan’s Somji says, it’s important that the exclusiveness of an employee role be spelled out clearly in the contract, as well as communicated to them.
Employers should review existing contracts regarding exclusivity, conflicts of interest and other contractual obligations before addressing suspected cases of polygamous work.” – Joanna Dodd
Many employment contracts include exclusivity clauses which prohibit employees from accepting additional work that might interfere with their primary job. She points out that when an employee engages “polygamous work”, they usually breach these contractual obligations on several levels.
“First, by failing disclose any additional employment which may be a conflict. Second, by misrepresenting availability and ability to fulfill contractual hours. Lastly, they could share confidential information between organisations, either intentionally or unintentionally.
Dodd says that even if no clause is written, it’s likely to be a breach of the implied term of mutual confidence and trust, which is included in all employment contracts.
She advises that employers can take disciplinary actions and in severe cases dismissal if they find out about such breaches. The challenge, especially for employees who work remotely, will be to detect and gather enough evidence to take action.
As this post-Covid Blog highlighted , one of the challenges is the monitoring, tracking or checking of remote workers. This is not only due to GDPR but also the risks of discrimination and issues relating to morale, employer/employee relations and other related issues.
Dodd says that employers should be aware of potential indicators. These could include unjustified drops in productivity, work quality or a consistent lack of availability for calls or meetings during normal working hours. Other warning signs are unusual patterns of activity online, including extended periods of inactivity or a reluctance of using video during meetings or calls, or vague explanations of daily activities or progress.
When addressing suspicions of polygamy, employers should review existing contractual obligations relating to exclusivity and conflict of interest. Before taking formal action, it’s important to collect objective evidence about performance or availability problems. Dodd recommends that a thorough investigation be conducted to gather evidence before any disciplinary action is taken.
Blurring of “traditional” boundaries
Sarunas, the country manager of YoungOnes, argues that employers should be less concerned about this. Perhaps they should recognize that this is another example of how ‘traditional’ work boundaries are being blurred.
Sarunas uzialo: “It’s not that people work multiple jobs, but that the outdated systems make them feel the need to conceal it.”
“The rise in polygamous work is not a fringe phenomenon, but rather highlights a fundamental change in how people view their jobs. Our platform is seeing a rapid increase in the demand for new working models, from 80,000 to 200,000 freelancers this year. Instead of seeing it as an economic threat, organizations should recognise it as such,” he emphasizes.
“The rise in gig work and side jobs reflects an increasing desire for flexibility, independence, and the freedom to create a life of work that suits personal priorities. Platforms that encourage freelance and contract work bring this trend to the forefront, rather than burying it. This allows individuals to assume multiple roles in a transparent and responsible manner.
The problem is not that people work multiple jobs, but that they feel the need to hide them. Uzialo says that as the world of employment evolves, it is important to have frameworks for employment that reflect today’s lifestyles and working practices.
To a certain extent, there is some truth to this. The new realities of the workplace post-pandemic are changing. HR and employers need to adapt. Clarion’s Dodd says: “While some might see return-to office mandates as a way to address concerns about polygamous work, a nuanced approach involves balancing remote flexibilty with clear expectations and regular check-ins, along with performance measurements.”
Polygamy is unacceptable for many employers and HR professionals, even in this brave new post-Covid world. It is because it involves deceit, secrecy and a breach of contract.
Not all multi-employment arrangements are problematic. It may be acceptable to disclose and approve part-time work or consultancy by the primary employer. Dodd says that the problem arises when an employee hides full-time work or other commitments that impact performance and undermine trust.
To reduce the risk of polygamy, employers should update employment contracts to include explicit, clear clauses about exclusivity. Employers may also want to consider more rigorous screening procedures, not only at the time of hiring, but also periodic reporting requirements for additional employment. This will increase transparency. She adds that “effective performance management must also be implemented.”
Is there a wider problem at work?
George Holmes, managing Director of Aurora Capital, says that, as Eshelby mentioned earlier, any signs of employees engaging in polygamy should be a warning sign that there are other HR issues at work that may need to be addressed, such as morale, pay or productivity.
It is a sign that wages are falling behind cost of living if people are working multiple jobs in order to get by. This is a systemic problem, not just an issue at work.” – George Holmes
“The increase in polygamous work should be seen as less of a scandal, and more of a warning. When people secretly work multiple jobs in order to survive, this tells us the pay has fallen behind cost of living. He says that it’s not just an issue at work, but a systemic one.
Some have suggested the solution to the problem is to stop remote or flexible work altogether. But that’s not the answer. It’s not where people work that’s the problem, but why they feel like they need to have a second or even third job. In a highly competitive job market, removing flexibility may make it harder for small businesses to retain and attract talent.
Trust and accountability are vital for small businesses. Small teams are more likely to suffer if productivity drops or deadlines miss because of someone being stretched between multiple roles. Holmes says that the long-term solution is not stricter oversight but an economy in which one job can be enough to survive and small businesses are supported to provide fair pay and stable employment.
Dodd concludes that, while accepting the larger point, establishing robust policies for confidentiality and data security is becoming increasingly important.
She emphasizes that this must be balanced by creating reasonable monitoring frameworks which respect the privacy of employees while ensuring contract compliance.
Dodd suggests that many employers also find it valuable to revisit their remote working policies, including appropriate supervision and accountability mechanisms without undermining benefits of flexible arrangements.
She adds, “Transparency and openness are key. Employers should strive to create a culture where people feel comfortable disclosing outside commitments or reasons for accepting another job.”
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