Being fired for getting a new job...?

Silaqui · 17 March 2010 at 11:19PM

Hi there,

I'm asking this on behalf of a friend, so apologies if I can't answer questions immediately.

She currently works as a carer for a young woman with cerebal palsy. The mother handles all of the employment things on her daughters behalf, but (no bad mouthing intended, but the mother is not experienced in matters of employment and tax etc and various issues have been encountered during the time my friend has worked there).

Recently, my friend got a new job but this is conditional on a CRB check (which should be fine, it's just a case of waiting for it). She HASN'T handed in her notice yet as she was going to do it when the CRB comes back and the offer is finalised. She HAS told her employer that she has potentially got a new job.

Today her employer was interviewing for a new carer and has said that if she find someone suitable, she will give my friend her 4 weeks notice period.

The question is, can she be dismissed on these grounds? As the CRB could take up to 6 weeks to come through, this could leave my friend out of work for up to 2 weeks. She would not be being made redundant and there are no grounds for incompetency or anything - only the fact that she has applied for a new job.

Can any HR/employment people advise please? (All advice welcome - I have no idea about this stuff so I'd be grateful to be put on the right lines!)

getmore4less · 17 March 2010 at 11:32PM

How long has she been employed?

[Deleted User] · 18 March 2010 at 8:23AM

Dont want to be the bearer of bad news but wanted to prepare your friend. CRB may take much longer than 6 weeks. We are still waiting for people to start in my place of work who has been waiting for 16 weeks so far for her CRB to come back, another for 15 weeks. The others came back between 6-10 weeks, they interviewed and appointed 6 people.

But as getmore4less says how long has she been in the job? Anything less than a year and they can let her go without reason apart from for discriminatory reasons, disability, sex, sexuality etc.

J927165 · 18 March 2010 at 2:15PM

yeah crbs can take sooo long sometimes. it happened when i was doing nurses training some people started in the september and didnt get their cbs till after christmas

can she not negotiate her notice period with the mum?? because she will still be working while she waits for crb, then give her notice. your friend is too nice for her own good i think.

what about if she works for a care agency??? in my experience they are usually quite quick at getting crbs and she can leave that job if they are being funny with her and can just do temp work while she waits for the crb on her new job.

sorry if im not much help.

Silaqui · 18 March 2010 at 6:10PM

getmore4less wrote: »

How long has she been employed?

Hi there, it's about 2 years I think, not sure of the exact dates but it's definitely longer than a year.

_shel wrote: »

Dont want to be the bearer of bad news but wanted to prepare your friend. CRB may take much longer than 6 weeks. We are still waiting for people to start in my place of work who has been waiting for 16 weeks so far for her CRB to come back, another for 15 weeks. The others came back between 6-10 weeks, they interviewed and appointed 6 people.

But as getmore4less says how long has she been in the job? Anything less than a year and they can let her go without reason apart from for discriminatory reasons, disability, sex, sexuality etc.

Thanks for the CRB info - I know they can take ages - last time I had my advanced CRB done was last summer and it took 4 weeks but that was a renewal, my OH had a brand new one just before xmas and it took just over 6 weeks. I guess it depends on the time of year.

jojo14624 wrote: »

what about if she works for a care agency??? in my experience they are usually quite quick at getting crbs and she can leave that job if they are being funny with her and can just do temp work while she waits for the crb on her new job.

sorry if im not much help.

Thanks that's an idea, I'll pass it on if the worst does happen. The mum has been, shall we say, decidedly unfriendly since my friend told her that she had the new job, as well as chopping and changing shifts at short notice and so on. She would just hand in her notice straight away but she needs the regular income unfortunately.

Am I right in thinking then, that due to the length of time she's worked there, she can't be dismissed on grounds of her having got a new job?

Thanks for all the replies.

muskoka · 18 March 2010 at 6:31PM

I was offered a post in the NHS Dec 09, and have just received my enhanced CRB this week. I also already had a CRB dated 2009 from the same trust. CRB's are taking a really long time at the moment to come through.

[Deleted User] · 18 March 2010 at 7:44PM

Silaqui wrote: »

Hi there, it's about 2 years I think, not sure of the exact dates but it's definitely longer than a year.

Thanks for the CRB info - I know they can take ages - last time I had my advanced CRB done was last summer and it took 4 weeks but that was a renewal, my OH had a brand new one just before xmas and it took just over 6 weeks. I guess it depends on the time of year.

Thanks that's an idea, I'll pass it on if the worst does happen. The mum has been, shall we say, decidedly unfriendly since my friend told her that she had the new job, as well as chopping and changing shifts at short notice and so on. She would just hand in her notice straight away but she needs the regular income unfortunately.

Am I right in thinking then, that due to the length of time she's worked there, she can't be dismissed on grounds of her having got a new job?

Thanks for all the replies.

Thats right, but is she classed as employed or self employed? Is she employed by the mother who pays her tax and NI? If she is not an employee the laws are different.

Silaqui · 18 March 2010 at 8:24PM

Hi, yes her national insurance and tax is paid by the mother, she gets payslips and p60's etc that state this.

fengirl_2 · 18 March 2010 at 8:38PM

If she has been employed there for more than a year, they cannot dismiss her without going through a proper process involving a disciplinary hearing. If they fail to do this, she can take the employer to an ET - even if the reason for the dismissal (which it doesnt sound as if it is) is fair.

Silaqui · 18 March 2010 at 9:00PM

Thanks Fengirl, thats useful to know: I found these procedures earlier, are these the correct ones?

Thank you

fengirl_2 · 19 March 2010 at 9:29AM

Yes, and there is more info, inlcuding the Code of Practice at www.acas.gov.uk to whom your friend should also turn for more advice - their helpline is good.

Being fired for getting a new job...?

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