Individuals can be employed by different employers at the same time, the Employment Appeal Tribunal (EAT) has ruled.
In Prison Officers Association v Gough [2009] UKEAT 0405/09_1712, the respondents were employed by the Prison Service and were also officials of the Prison Officers Association, the trade union for prison staff.
Mr Justice Silber considered whether the respondents were employed by the Association in “light of the functions they performed for them”, and whether they could be employees of both. He held that they could, as long as the jobs were compatible with each other.
Silber J ruled that it was proper to apply the test set out in 102 Social Club and Institute Ltd v Bickerton [1977] ICR 911 to the respondents’ work. These covered factors such as whether the payment was fixed in advance, like a salary, or whether it was decided at the end of the year; the extent and weight of the duties performed; and the size of the payment.
Delivering judgment, Silber J said: “There is no different question of principle which precludes a person having two jobs with separate employers at the same time provided they are compatible with each other.
“In the present case, it is not said that there could be anything incompatible with employees of the Prison Service also being employees of the respondent.”
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