broken contract? can she be sacked?

[shayla]

my friend has a second job, her boss has found out and says she is in breach of her contract, she recieved a letter from her boss stating the section of her contract- other employement:
it is the condition of your employment that apart from your work within the company, you do not engage in any other employment or engage in any profession, trade or business, directly or indirectly, without the company's prior written concent. permission will not be unreasonably withheld unless the other employment or activity has, or could be anticipated to have an adverse effect on the company, its customers, your ability to carry out your work, or if it would create a conflict if interest in relation to your responsibilities to the company.

they have then asked her 3 questions:
1, were you aware of this section of your contract?
2, how long have you been working for another company?
3, do you intend to continue working for another employer?

my friend cannot remember this part of the contract, she has only worked 3 shifts and does not plan to continue working for the other company as she only covered the shifts as her normal job had not given her her normal contracted 40 hours.

if anyone can help that would be great,
many thanks x

[bednobs]

yes, she could be sacked, but it seems unlikely

[Nannyjillx2]

Did she not point out that had she been given her 40 contracted hours she wouldn't have gone down this route?

[shayla]

yes she did point out that if they had given her her contracted 40 hours she would not have had to cover shifts somewhere else. they said she should have spoken to them first which is fair enough but surely they are obligated to give her her contracted hours

[buildersmate]

Does she have a zero hours contract then? - one where the number of weekly hours is not guaranteed?
If the answer is yes, then the employer can do this.
Whilst they may also put into another part of the contract that she has to check with them if she wants to work for another employer, what would be unreasonable if they denied her the chance to work elsewhere when they were not providing shifts to her.
It sounds like she has merely received a mild rebuke this time.