The general rule
You remain an employee of your current employer right up to your final working day. Every obligation in your contract applies during the notice period in exactly the same way it applied before you resigned. There is no special carve- out for notice periods. The legal starting point is therefore: a second job is allowed if the contract does not prohibit it.
The contract is the document that decides. Four specific clauses do most of the work.
1. Exclusivity clauses
An exclusivity clause prohibits working for any other employer during your employment. They appear in many UK professional contracts.
Two changes have narrowed exclusivity clauses in recent years:
- The Small Business, Enterprise and Employment Act 2015 made exclusivity clauses unenforceable in zero-hours contracts.
- The Employment Rights (Exclusivity Terms) Regulations 2024 extended this to workers earning below a defined low-pay threshold (currently linked to the Lower Earnings Limit for National Insurance).
For most permanent professional roles above that threshold, the exclusivity clause still applies through to your last day. Breaching it is a breach of contract; the practical consequence depends on whether the employer notices and how seriously they take it.
2. Confidentiality clauses
Every UK employment contract contains an implied duty of confidentiality, and most contain an express clause. The duty covers commercially sensitive information, customer lists, technical processes, financial data, and colleague information.
Confidentiality survives the end of the employment in most cases for the genuinely confidential information. The duty continues during the notice period in full. A second job that would inevitably use confidential information from your current role (working for a direct competitor, consulting in the same niche for the same customers) breaches confidentiality even if no information is explicitly disclosed.
3. Non-compete and restrictive covenants
Many senior contracts contain restrictive covenants: clauses that prevent you from joining a competitor, poaching clients, or soliciting colleagues for a defined period after you leave. They also typically prevent competing during the notice itself.
UK courts only enforce restrictive covenants that are reasonable in duration, geographic scope and the business interest they protect. A six-month non-compete covering the specific sector and customer-set is usually enforceable; a two-year non-compete covering all related industries is often not.
For working in the same field during the notice period, the restrictive covenants almost always apply. Even without an express clause, the duty of good faith and the fiduciary duty owed by employees (particularly senior employees) prevent competing during notice.
4. Duty of good faith
UK employment contracts contain an implied duty of good faith and mutual trust and confidence. Working in a way that actively harms your employer’s business breaches this duty even if no specific written clause is broken.
Examples of conduct that breaches the duty during notice:
- Approaching your employer’s customers to set up your next role.
- Encouraging colleagues to leave with you to a competitor.
- Using your final weeks to gather information you intend to use elsewhere.
- Underperforming deliberately to damage projects you no longer care about.
What kinds of second work are usually fine
The most common low-risk situations:
- Part-time or evening work in an unrelated sector (hospitality, retail, tutoring).
- Volunteering for a charity or community organisation.
- Freelance work in an unrelated field, where there is no customer-, supplier- or information-overlap.
- Personal creative or hobby projects.
Even where the second work looks clearly fine, check the contract for an exclusivity clause or any notification requirement, and ask the employer if you are uncertain.
What kinds are high-risk or prohibited
- Working for a direct competitor in the same role.
- Setting up a competing business in the same market.
- Freelancing for the employer’s customers without consent.
- Any work that uses confidential information from the current role.
- Any work that conflicts with the specific exclusivity or non-compete clauses in your contract.
For the dedicated detail on the competitor scenario, see working for a competitor during notice period.
Starting a new job before notice ends
Starting a new full-time job before your current notice ends is a conflict-of-employment situation. Two full-time roles at once is almost always a breach of one or both contracts. The practical answer is usually to start the new role on the day after the old contract ends, aligning the two dates.
If the new employer needs you sooner, the right route is negotiating a shorter notice with your current employer (often achievable for standard roles) or PILON if your contract allows it. See can I start a new job during my notice period? for the dedicated detail.
Garden leave changes the picture
If your employer puts you on garden leave (you remain employed and paid but do not come to work), you are still bound by all contractual obligations including exclusivity. You cannot take a second job for the duration of garden leave even though you are not actually working.
Garden leave can be challenging financially if it runs for a long period, but the trade-off is that you continue to be paid. See garden leave explained and the garden leave calculator for the detail.
How to handle the conversation
Where you genuinely think a second piece of work is allowed but want to be safe, the right move is a short written conversation with your line manager and HR. The structure:
- Briefly describe what the second work is and why you want to do it.
- Confirm it does not overlap with the current employer’s customers, suppliers, sector or confidential information.
- Ask the employer to confirm in writing that they have no objection.
Most employers will agree readily where the second work is genuinely unrelated. Where they decline, the decision is theirs and the contractual position is clear.
What happens if you breach
Practical consequences:
- Discovered before final day: the employer can place you on garden leave for the remainder, terminate your contract for breach (losing PILON or other payments), and in extreme cases seek damages or an injunction.
- Discovered after final day: the employer can claim damages for losses caused, withhold reference goodwill, and pursue an injunction if the ongoing activity continues to breach restrictive covenants.
- For regulated roles: the employer can report professional misconduct to the relevant regulator. The reputational impact can be material in tight professional communities.
Useful calculators
Related guides
- Notice period rights UK — the pillar guide.
- How notice periods work in the UK
- Can I start a new job during my notice period?
- Working for a competitor during notice period
- Garden leave explained
- PILON explained
- Employment rights hub
Frequently asked questions
- Can I take a second job during my notice period in the UK?
- Usually yes if the second work does not conflict with your current contract, breach confidentiality, or contravene any exclusivity clause. Many UK employment contracts require you to give notice of a second job or seek written consent. The same contractual obligations that applied before notice continue during it.
- What if my contract has an exclusivity clause?
- Exclusivity clauses prohibit working for any other employer during your employment, including the notice period. They are legal but increasingly limited: from June 2024 the Employment Rights (Exclusivity Terms) Regulations make exclusivity clauses unenforceable for workers earning below a defined low-pay threshold. For most professional roles, the clause still applies through to your last day. Read the contract carefully.
- Can I freelance or do consultancy work during my notice?
- Subject to the same constraints as a second employed job. The contractual issues are: exclusivity (the contract bans outside work), conflict of interest (the freelance work overlaps with current employer's customers or suppliers), confidentiality (you might use information from your current role), and the duty of good faith (the freelance work could harm the current employer's interests).
- What about working for a competitor?
- Working directly for a competitor during your notice period is the highest-risk scenario. Almost every UK professional contract contains a non-compete clause or duty of good faith that prevents this. The employer can place you on garden leave, sue for breach, or in extreme cases get an injunction. The dedicated page on working for a competitor during notice covers the detail.
General information about UK employment contracts. Specifics depend on the exact wording of your contract and the role. For a contract-specific assessment, take advice from ACAS or an employment-law solicitor.