Polygamous workers: Why they are a problem for the public sector

A crackdown on public sector staff secretly working multiple jobs during the same hours is intensifying, as government anti-fraud measures reveal millions in improperly paid salaries. The practice, dubbed "polygamous working," has been enabled by the rise of remote work and is placing taxpayer-funded services at risk, prompting legal and procedural action from authorities to reclaim funds and enforce employment standards.

The issue highlights a significant challenge for public bodies: ensuring employees are fully dedicated to their roles while grappling with economic pressures that drive some workers to seek undeclared, simultaneous employment.

The Scope of the Problem

The government's primary tool for identifying this activity is the National Fraud Initiative (NFI), managed by the Cabinet Office. By matching payroll and pension data across different public and private sector bodies, the NFI flags individuals receiving salaries from multiple employers for the same contracted hours.

The financial and human resource impact is significant.

• Fraud Recoveries: The NFI has recovered £1.35 million in salary payments from polygamous working cases since 2016.
• Identified Cases: A total of 301 public sector employees have been caught since 2016, resulting in their dismissal or resignation. Of these, 256 cases were in England.
• Recent Activity: In the current 2024-25 financial year alone, 13 cases have already been identified, leading to £113,000 in recoverable savings for the public purse.

These figures are underscored by individual prosecutions. In a recent high-profile case, a council worker was convicted of fraud after it was discovered they were holding down two full-time jobs at two separate London councils concurrently.

The Rationale: Low Pay and Under-utilization

While the practice is a clear breach of conduct, some former polygamous workers point to systemic issues within the public sector as a key motivator.

Imtiaz Shams, now CEO of a tech start-up, secretly worked a second private-sector job during a gap year while employed as a public sector finance assistant on a £16,000 annual salary.

"My job was boring. I automated a lot of stuff on Excel. I was on Reddit all day," he explained. The lack of engaging work and low compensation led him to take on a side contract.

"I shouldn't have worked there but I wasn't paid well enough to feel bad," Shams admits, noting that the low salary was a primary driver. "That's why I left."

His experience highlights a critical tension: employees who feel underpaid and under-utilized may be more inclined to seek external work, even if it violates their employment terms.

The Legal Landscape

Employment law experts are seeing a rise in cases related to this "new phenomenon," which has gained notoriety on social media platforms like TikTok and Instagram.

Defining 'Polygamous Working'

According to Kaajal Nathwani, an employment lawyer at Osborne & Wise, the term has a specific meaning that distinguishes it from other forms of secondary employment.

• Polygamous Working vs. Moonlighting: The key distinction is the timing. Polygamous working involves holding multiple jobs, often secretly, during the same contracted hours. This differs from "moonlighting," which traditionally refers to a second job performed outside of primary work hours, such as in the evenings or on weekends.

Contractual and Implied Breaches

While not inherently illegal in itself, polygamous working almost always constitutes a serious breach of an employment relationship, carrying severe consequences.

• Express Terms: It becomes unlawful when an employment contract explicitly prohibits other employment or requires the employee's full time and attention. This is increasingly common in modern contracts.
• Implied Trust: The practice can breach the "implied term of mutual trust and confidence," a cornerstone of UK employment law that exists regardless of what is written in a contract.
• Associated Risks: It raises serious questions about performance and creates tangible legal risks, including breaches of confidentiality, data protection violations, and conflicts of interest.

"There's also the question of whether or not you are fully able to devote your time and attention to performing a role if you are carrying out multiple jobs," Nathwani adds. Such breaches typically constitute gross misconduct, which can lead to summary dismissal and, in cases of deliberate deception for financial gain, fraud prosecution.

The Government's Counter-Offensive

The government has adopted a firm stance, framing the issue as a betrayal of public trust. "Millions of people work hard, pay their taxes, and contribute to their communities," a government statement reads. "The government owes it to them to ensure decency and respect, and to hold every single person who cheats the system to account."

The NFI remains the central mechanism for this enforcement. While HMRC can identify individuals with multiple income streams, its focus is on tax compliance, not employment fraud. The NFI's data-matching capability provides a more direct tool for public sector employers to identify payroll irregularities and investigate potential cases of polygamous working.

Implications and The Path Forward

The phenomenon reveals a stark contrast between public and private sector norms. Imtiaz Shams, from his current position as a tech CEO, actively encourages his employees to pursue outside interests. "Why? Because I want them to be happy. Good people are hungry," he states. The crucial difference, he argues, is compensation. "In tech, we're paid well. We can live in London. I think with council workers and social workers, you can see the struggle."

For the public sector, the challenge is twofold. First, it must maintain rigorous oversight to protect taxpayer funds and ensure that critical services, from social care to civil service administration, are not compromised by disengaged or absent employees. The continued work of the NFI and a trend towards more explicit employment contracts are key elements of this strategy.

Second, the issue raises difficult questions about public sector remuneration and career development. As long as a significant gap persists between public sector pay and the cost of living, the motivation for some to seek illicit secondary income will remain. Balancing robust fraud prevention with the need to attract and retain dedicated talent will be a defining challenge for public sector leaders moving forward.