A worker can have two jobs with two different employers at the same time provided that they are compatible with each other

Prison Officers Association & Ors v. Gough & Anor [2009] UKEAT 0405_09_1712

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09/01/2010


  • The EAT has decided (Silber J) that where jobs are compatible with each other a worker may hold down two of them with different employers.
  • The claimants could therefore be simultaneously employed both by the Prison Service and by the Prison Officers Association.
  • Factors examined included the nature of the payment made and what functions were involved.
  • The test was that set out in 102 Social Club & Institute Ltd v Bickerton [1977] ICR 911. The 7 factors in GMB Trade Union and Others v Hughes [2006] UKEAT/0288/06/0208 was referred to by the ET judge.
    • The decision of the employment judge was upheld. The respondent's appeal was dismissed and leave to appeal the decision was refused.

 


The transcript of this case follows:-   Prison Officers Association & Ors v. Gough & Anor [2009] UKEAT 0405_09_1712  (usually found at the Bailli or Employment Appeals websites)

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