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EAT Rules Simultaneous Employment is Permissible

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The EAT (Silber J) has handed down its decision in Prison Officers Association v Gough, reaffirming that an individual can at the same time have two jobs with two different employers, provided the jobs are compatible with each other.

Silber J upheld the decision of the employment judge that the individuals concerned could be employees of both the Prison Service and the Prison Officers Association.

It was proper to apply the test as set out in 102 Social Club & Institute Ltd v Bickerton [1977] ICR 911 to the individuals work as officials with the POA, examining such factors as the nature of the payment made to them and what functions are being exercised, and the employment judge had made no error of law in finding the individuals to be employees of the POA, as well as of the Prison Service.