Can my zero hours boss stop me from taking a second job?

The situation

I have been working for a local cafe here in England for about eight months now on a zero hours contract. Most weeks I get around 15 to 20 hours of work, but it is never guaranteed and depends entirely on when they text me to cover shifts. Last Tuesday, my manager told me that if I want to keep my position at the cafe, I am not allowed to take on any other employment or freelance work without asking for their permission first. They said they want to make sure I am available whenever they need me. However, I have just been offered a steady part-time role at a retail shop that starts next Monday, which would pay a much more reliable wage. I have already tried politely explaining to my manager that I need the extra income to cover my rising rent, but they insisted that my current contract forbids me from working elsewhere. I am really confused because I don't want to lose the cafe shifts, but I desperately need the security of the retail job. Am I legally allowed to accept this new job even if my cafe contract says I can't work for anyone else?

Detailed Analysis

Because you are working on a zero hours contract, your manager's demand is not legally binding. A zero hours contract is a type of agreement where the employer is not required to give you a set amount of work, and you are not required to accept it^[1].

Your manager told you that you cannot take on other employment without permission. However, the law specifically protects workers in your position. The Employment Rights Act 1996 states that any provision in a zero hours contract which "prohibits the worker from doing work or performing services under another contract or under any other arrangement, or prohibits the worker from doing so without the employer's consent, is unenforceable against the worker"^[1].

In plain language, 'unenforceable' means that even if you signed a contract saying you wouldn't work elsewhere, that specific rule has no legal power over you. Your manager cannot use that rule to legally prevent you from starting your retail job next Monday.

While the rule itself is invalid, please be aware that while they cannot stop you from working elsewhere, they are still allowed to choose not to offer you any more shifts at the cafe if they are unhappy with your decision to take another job. The law protects your right to work elsewhere, but it does not force your current employer to keep giving you hours if they decide to stop.

Note that local or specific employment regulations may apply, so you should check for any additional local guidance.

Statutory Citations

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