Fraud to be employed by 2 companies at once????

twinmumagain

Hi guys-I need your help.

Quick rundown of what has happened.......

Husband was employed by a large chain of betting shops.
Applied for a new job at a new smaller chain which happened to be opening up 5 doors down from one of his 'old' shops.
Husband got new job(yay lol!).
Handed in his notice(4 weeks) on the 12th of October.
Last day was due to be tomorrow.
Had over 40 hours owing him so old company agreed to let him take a weeks holiday and he finished last week(Sunday).
New shop opening date brought forward by a week and old district manager new this!
Old DM came into husbands new shop tonight and told him it was gross misconduct and he was reporting him to the inland revenue for fraud as he is technically employed full time by both companies-with an overlap of a week.

I am really upset and clueless and I need your advise please. Really worried we will get in trouble with the tax man!!!

Zazen999

Lots of us have more than one job. Don't worry about it.

I have often taken the last week as leave and started a new job. I've not been jailed yet.

twinmumagain

Even if both are 40 hour jobs??

Sorry if I came across as a bit dense-not normally :P

SueC_2

I'm not an expert, but I can't see why this is a problem. The old employer will have deducted tax from his final pay, and the new employer will deduct tax from his first week's pay, so there's no tax evasion going on. There may be a slight adjustment needed if he's been pushed over an earnings threshold into a higher tax band, but that should all come out in the wash once his P45 has been processed.

He hasn't breached the Working Time Directive, as he didn't actually work any hours for his old employer this week. And even if he had, the hours calculation on that is over a period of several weeks (17 I think, but I'm not certain), and so as long as he doesn't do mad hours over the next couple of months then there's no problem there, as it will all even out.

Potentially there could be a restrictive clause in his contract from his old employer, which may prevent him from working for another business of the same type within a certain period / geographical radius / timeframe. But if the old employer knew where his new job was, then that should have been mentioned at his time of resignation, not when he was spotted at his new job. Restrictive clauses are also quite difficult to enforce, as although the company have the right to protect their 'intellectual property' (I think they call it), they do not have the right to take away someone's ability to be employed. If your husband is a professional bookie, they can't tell him he can no longer do that.

The old boss may just have the hump because he feels he's paid your husband for this week when your husband had an income from another source. But his holiday entitlement was there for the using and so they'd have had to pay it to him anyway, even if they'd have made his official end date last week.

I really can't see a problem, but maybe I'm missing something. I'd suggest your husband contacts his old employer next week and asks for more detail.

LittleVoice

twinmumagain wrote: »

Old DM came into husbands new shop tonight and told him it was gross misconduct and he was reporting him to the inland revenue for fraud as he is technically employed full time by both companies-with an overlap of a week.

I am really upset and clueless and I need your advise please. Really worried we will get in trouble with the tax man!!!

Former employer's DM is talking nonsense! The tax man will not think your husband is doing anything wrong.

twinmumagain

Thank you very much for the replies.

He isnt an independant bookie-Was working for William Hill and has now gone to Stan James. He is a shop manager. Not sure if thats relevant or not but just to clear it up

Not going to panic now then Really appreciate the advice

tizhimi

I remember when my Dad moved jobs and had two pay checks coming in for two months, my Mum was annoyed when there was only one pay check coming in!! As long as he is paying tax on both sets of wages he is fine to work away, in fact I am sure the inland rev would be quite happy for him to work lots as it means more money in their coffers!

redsquarelady

Sounds like the dom is a bit peeved!! To be owed 40 hours, then the staffing levels can't be that great. There is a bit in the hand book about conflict of interest, as he will know the business of william hill and can share it with stan james. But i am under the impression that, that is more if your being underhand i.e working for both companies and not having the intention of leaving.

The dom is just talking crap as hills are paid paye.

DVardysShadow

twinmumagain wrote: »

Old DM came into husbands new shop tonight and told him it was gross misconduct and he was reporting him to the inland revenue for fraud as he is technically employed full time by both companies-with an overlap of a week.

Should have laughed in his face. PAYE ensures that fraud does not happen - just make sure OH gets his P45 and hands it on to the new employer. And totally out of order for DM to attend new employers premises to deliver this kind of message. I would feel inclined to raise a grievance with the old employer and let it go to the highest level.

jamespir

its not fraud at all what a load of old tosh

Anihilator

It may be something to do with the contract or gambling laws.

A lot of bookmakers ban there staff from gambling or entering premises or working for competitors as well to ensure compliance with gambling laws.