Exclusivity clauses and second healthcare jobs

Bans, consent clauses and conflict rules

Contracts deal with outside work in three main ways. Read yours to see which one applies.

• An outright ban. The clause says you must not do any other paid work while employed.
• A consent clause. You may work elsewhere with your employer's written permission, and permission should not be refused without a reason.
• A conflict rule. You may work elsewhere unless the work competes with your employer, uses its confidential information or affects your performance.

Policies often add a duty to declare outside work, including bank shifts with another trust, private clinics and paid teaching. A failure to declare can become a conduct issue even when the work itself would have been allowed.

An exclusivity clause applies while you are employed. Restrictions after you leave are a separate topic covered in our guides to non-compete clauses and restrictive covenants.

Who the legal ban protects

Since 2015, section 27A of the Employment Rights Act 1996 has made exclusivity terms in zero-hours contracts unenforceable in Great Britain. GOV.UK puts the rule plainly: you can ignore a clause banning you from looking for work or accepting work from another employer.

Regulations in force from 5 December 2022 extended the same protection to low-income workers. You are covered if your net weekly earnings are at or below the lower earnings limit for National Insurance. Acas gives the current figure as £129 a week. HMRC sets the limit each tax year, so check the figure for the year you are in.

If the ban applies, your employer must not dismiss you or treat you less favourably for taking other work. Acas suggests raising the issue informally first. If the employer still acts against you, ask an adviser about a claim. For treatment on or after 1 October 2026, most employment tribunal claims have a limit of six months less one day. Earlier treatment keeps three months less one day. You must contact Acas for early conciliation first.

Hours, rest and fitness to practise

The Working Time Regulations limit you to 48 hours a week on average, counting every job you do. You can opt out in writing. Adult workers are also entitled to 11 hours' rest between working days.

Professional regulators expect you to be fit to practise on every shift. A second job adds income, and the extra hours add fatigue. Our guide to sleep and night shifts covers recovery between long runs of work.

A nursing example

Say a part-time staff nurse wants two bank shifts a month at a neighbouring trust. The contract says outside work needs the manager's written consent. The nurse sends a short request listing the trust, the expected hours and the total weekly hours across both jobs. The manager agrees, with a condition: the nurse must not work a bank night shift before an early shift at the main job. A consent clause with a clear request often ends this way.

How to ask for permission

1. Find the clause in your contract and the secondary employment policy on the staff intranet.
2. Write down the second employer, the role, the expected hours and your total weekly hours.
3. Explain why the work does not compete with your employer or use its confidential information.
4. Send the request in writing and ask for a reply by a date.
5. If your employer refuses, ask for the reason in writing and check the refusal against the policy.
6. If you are on a zero-hours contract or earn at or below the lower earnings limit, tell your employer the statutory ban applies.

Questions to ask an adviser

• Is my clause a ban, a consent process or a conflict rule?
• Do my earnings fall at or below the lower earnings limit this tax year?
• Does a refusal of permission break the employer's own policy?
• Do I have a claim if I was dismissed or lost shifts after taking other work?
• How do the working time rules apply across my two jobs?

Where to get advice

• Acas helpline: call 0300 123 1100 for free information. In Northern Ireland, contact the Labour Relations Agency on 03300 555 300.
• Your union or professional body: the RCN for nurses, the BMA for doctors and the PDA for pharmacists advise on secondary employment policies.
• Citizens Advice: help if you earn near the lower earnings limit and need to check your rights. See Citizens Advice for work problems.
• An employment solicitor: for a dismissal or a dispute over a clause in a senior contract.

Read alongside this guide

• Zero-hours contracts in healthcare
• Employment status for healthcare professionals
• Locum contracts: what to agree before a shift
• Money worries