Double employment in Ireland: What employers need to know

Irish law does not prevent employees from working for more than one employer

Irish law does not prevent employees from working for more than one employer, writes Caroline Reidy

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24 September 2026

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As employees look for extra income and greater financial flexibility, more employers are encountering situations where staff have more than one job. This is often called double employment, double jobbing or parallel employment. The good news for employers is that having a second job is not automatically prohibited under Irish law.

There is no general ban on second jobs

Irish law does not prevent employees from working for more than one employer. In general, employees can take on additional work outside their normal working hours.

However, this is not an unrestricted right. Employers still need to consider a number of factors, including:

  • The employee’s contract of employment
  • Working time and rest break requirements
  • Health and safety obligations
  • Confidentiality and data protection concerns
  • Potential conflicts of interest
  • Employee performance
  • Immigration or employment permit restrictions where relevant

The European Union (Transparent and Predictable Working Conditions) Regulations 2022 strengthened employee protection in this area. Employers should not prevent employees from taking up work with another employer outside their agreed working hours, or treat them unfavourably for doing so, unless there are objective and legitimate reasons for the restriction.

As a result, blanket bans on secondary employment are unlikely to be appropriate unless they can be objectively justified and are proportionate.

When can employers restrict outside employment?

While employees can generally take on extra work, employers may impose restrictions where there is a genuine business or legal reason.

Any restriction should be reasonable, necessary and proportionate.

Examples of valid reasons for restricting outside employment include:

  • Protecting health and safety where excessive hours could cause fatigue
  • Ensuring compliance with legal working time and rest requirements
  • Protecting confidential information, trade secrets or intellectual property
  • Preventing conflicts of interest, whether actual or perceived
  • Protecting business relationships and organisational integrity
  • Complying with industry-specific legal or regulatory requirements

Where restrictions apply, they should be clearly set out in employment contracts or workplace policies and linked to a legitimate business need. Restrictions should not be imposed simply because an employer would prefer staff to work for only one organisation.

Working time is a key consideration

One of the most important legal issues relating to double employment is compliance with the Organisation of Working Time Act 1997.

Section 33 of the Act states that an employer must not employ someone during a period in which they have worked for another employer if the combined hours would exceed the maximum hours that could legally be worked for one employer during that period. This applies across periods of 24 hours, seven days and 12 months.

If an employer knows, or reasonably suspects, that an employee is working elsewhere, they should make enquiries to ensure legal working time limits and minimum rest periods are being observed.

Employers may ask employees to disclose relevant working hours for this purpose. However, only information necessary to assess compliance should be requested, and data protection requirements apply to any personal information gathered.

Employees’ existing contractual obligations still apply

Even where an employee is permitted to take on a second job, their existing obligations to their employer continue to apply.

Permission to work elsewhere does not reduce an employee’s responsibilities in relation to performance, attendance, confidentiality, loyalty, or any other contractual or statutory duties.

Taking a practical approach

Employers should assess requests for outside employment on a case-by-case basis rather than applying blanket rules.

A useful starting point is to review the employees’ contract and any relevant workplace policies to determine whether provisions relating to secondary employment or conflicts of interest already exist.

Employers should then gather only the information needed to assess the arrangement, considering factors such as:

  • Working time and rest periods
  • Fatigue and health and safety risks
  • Confidentiality concerns
  • Conflicts of interest
  • Immigration or employment permit requirements where relevant

Employers should document the reasons for approving the arrangement, approving it subject to conditions, or refusing it where there is an objectively justified reason. The position should also be reviewed if circumstances change.

Dealing with concerns about double employment

If an employer believes an employee is working for another employer during their scheduled working hours, the issue should be dealt with through the organisation’s normal internal procedures.

Any disciplinary action should be proportionate and consistent with the employer’s disciplinary procedure.

Employers should assess the seriousness of the concern, consider the employee’s explanation, and determine whether working time requirements, performance expectations or business interests have been affected before deciding on an appropriate outcome.

The importance of proportionality was emphasised by the High Court in Transdev Ireland Limited v Caplis [2020] IEHC 403. The case confirmed that even where there are legitimate concerns about outside employment, dismissal will not automatically be a reasonable or proportionate response.

Conclusion

Double employment is not prohibited under Irish law, and many employees can legally undertake additional work outside their normal working hours.

However, employers also have the right to protect legitimate business interests where genuine concerns arise. By having clear contractual provisions, making reasonable enquiries where necessary, assessing each situation individually and ensuring that any restrictions or disciplinary action are objectively justified and proportionate, employers can manage double employment in a practical and legally compliant way.

Read more: Know your rights

© 2026 ShelfLife by Caroline Reidy

 

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