Prison officer second jobs: can you have outside employment?

In shortDo not start any outside work until you have told your line manager in writing and had a reply.

The safest working rule is: do not start any paid or unpaid outside work until you have told your line manager in writing and had a reply. Two published sources point to that.

• The HMPPS Counter Corruption and Reporting Wrongdoing framework says staff must declare private interests that interfere or could interfere with their duties, and lists business interests, including secondary employment, among them.
• The Civil Service Management Code says departments must require staff to seek permission before accepting any outside employment which might affect their work, either directly or indirectly.

In shortThree layers apply: the Civil Service Code, the Management Code, and the HMPPS layer (PSI 28/2013 is unpublished).

The comparator is Scotland: the SPS Code of Conduct (23 February 2018) lists failure to obtain prior approval or permission for a second job as misconduct. That is not the England and Wales rule, but it shows how prison services treat the point.

1. Civil Service Code

Its integrity principle bars misusing your official position, for example by using information acquired in the course of your duties to further your private interests or those of others, and its impartiality principle requires that you do not act in a way that unjustifiably favours particular individuals or interests. Both apply to outside work: you cannot use what you learn in a prison to benefit a business.

2. Civil Service Management Code

As well as the permission rule, it requires staff to declare business interests, including directorships, and holdings of shares or other securities which they or their immediate family hold, to the extent they could further them through their official position. Staff must comply with later instructions on retention, disposal or management of such interests. Bankruptcy and insolvency must be reported, and so must arrests where bail is refused and convictions, with a traffic offence exception.

3. HMPPS layer

PSI 28/2013 and the conflict of interest process in the Counter Corruption framework. The former is unpublished. The latter says line managers and LCCMs keep a register and that completing the declaration form is not an admission of corruption.

In shortOur practical reading: managers look at conflict, security and safety; sensitive roles get more scrutiny.

Because the criteria are not published for England and Wales, this section is our practical reading of the principles above, not a quotation.

A manager asked to approve outside work will usually be looking at three things: could the job conflict with your duties or reputation, could it compromise security, and could it affect your ability to do your day job safely.

Conflicts

Working for or with a supplier to your establishment, a company that employs ex-offenders you may supervise, a private security firm, bail hostels or housing providers for people leaving custody, or any role where you meet prisoners' relatives.

Security

Any role that gives access to prisoners' or staff personal data, or that publicly identifies you.

Safety and attendance

Night work or long shifts that could affect your fitness for duty, and any second job that clashes with your rota.

• High scrutiny: work with HMPPS suppliers or contractors, private security, recruitment or transport of prisoners, bail or resettlement services, anything involving the public in a way that links to your role.
• Medium scrutiny: second jobs with long or night hours, self-employment with online profiles, content creation that mentions your work.
• Usually straightforward: hobby businesses, part-time retail or hospitality in a different sector, tutoring and coaching, family help, voluntary work.

In shortTreat it as a conversation, put it in writing and keep a copy.

The key to a smooth request is to treat it as a conversation rather than a form. Managers are more comfortable approving things they understand, and an unexplained request invites caution. Put it in writing, whether on the local form or by email, and keep a copy.

1. Find out which instruction applies: ask your line manager or HR for PSI 28/2013 and any local declaration form, and ask whether the Declaration and Management of Outside Interests Policy applies to your grade.
2. Describe the work factually: employer or business name, the type of work, hours per week, whether it includes nights or weekends, who the customers are and whether there is any link to prisons, prisoners, ex-offenders or HMPPS suppliers.
3. State what you will do to avoid conflict: for example not using work information, not working at times that clash with your rota, not advertising your role.
4. Ask for a decision in writing and for the review period, and note who decided.
5. Wait for approval before you begin, even where you expect a yes.
6. Tell your manager if anything changes: hours, the nature of the work, or your role at the prison.

In shortCompare an extra shift with a second job after tax, remember tax is your responsibility, and watch fatigue.

A second job is often about money, so it is worth setting it against what is available in your prison pay. Overtime and Payment Plus can add substantially to pay in many establishments.

In shortRunning a business, selling online or being a landlord all count as outside interests to declare, and online income raises social media rules.

Outside work is not only a job with an employer. The Civil Service Management Code's wording about business interests and about not using information from your official position to further private interests applies to self-employment just as it does to employment.

• Running a small business
• Selling online or content creation
• Being a landlord
• Paid personal training

In shortIf refused, ask for the reason in writing; if you started without asking, declare now in writing and stop anything that could conflict.

Not declaring is a conduct issue in itself, and the longer it lasts the harder it is to explain. Do not wait for it to come out through a payslip, a social media post or a colleague.

In shortBusiness Appointment Rules normally apply for one year after leaving for staff below the Senior Civil Service, but most prison officers will never need one.

• Normal periodOne yearAfter leaving, below the Senior Civil Service
• Designated rolesUp to two yearsWhere the role is designated

The Civil Service Management Code includes Business Appointment Rules, which apply to civil servants who intend to take outside appointments after leaving.

For those below the Senior Civil Service the Rules normally apply for one year after leaving, unless the role is designated for up to two years, and individuals must consider whether an application is required before accepting a new appointment.

The Rules are mainly aimed at roles where a leaver could use their knowledge or contacts to benefit an organisation, so most prison officers will never need one.