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

terra_ferma

twinmumagain wrote: »

Thank you very much for the replies.

He isnt an independant bookie-Was working for XX and has now gone to XX. 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

Twin you are giving out a lot of information here, al lot of people read these forums, and they could find this post doing a search with the name of the shops, and with such level of detail they could perhaps identify him?

tizhimi

Anihilator wrote: »

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.

I hadn't thought of that, thats a good point however it still doesn't make it fraud

Debt_Free_Chick

twinmumagain wrote: »

Hi guys-I need your help.

First off, you have nothing to worry about. But I think I can see what the old manager is on about - although, his argument is a load of tosh!

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).

I think you mean that he handed in his notice on 12 Sept? So his last date of employment was 10 October (today). However, he was owed a weeks holiday so he hasn't worked there for the last week.

He was, however, still employed until today and therefore "under contract" until the end of today's shift.
.

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.

He was still under contract with WH until the end of today's shift. Actually, it may be gross misconduct for him to work for another employer whilst still under contract (of employment) with WH. However, that's really not an issue - gross misconduct usually means instant dismissal with no pay or compensation, but as OH has resigned anyway, that's no big deal.

There is no Inland Revenue fraud either. He is employed so taxed under PAYE and his tax "will be right" come the end of the tax year.

The old manager was attempting to have a go at OH as OH was technically in breach of his terms and conditions of employment. However, given that OH had already resigned, he was not interested in keeping his job so the gross misconduct issue is not one he's concerned with.

Just ignore it - good luck with OH's new job

terra_ferma

Debt_Free_Chick wrote: »

The old manager was attempting to have a go at OH as OH was technically in breach of his terms and conditions of employment. However, given that OH had already resigned, he was not interested in keeping his job so the gross misconduct issue is not one he's concerned with.
Just ignore it - good luck with OH's new job

Just to clarify it won't even effect his references for future jobs as they would have to follow the correct procedure, conduct an investigation, hold meetings etc, which they will not do as he is no longer employer by the company.

1984ReturnsForReal_2

Its Gross misconduct if it states it in the old employers terms of employment.

Its not fraud.

allthingsmustpass

The guy he used to work for ought to have better things to do with his time than harass someone with the good sense to leave their employment. What difference does it make to him whether the guy that left is working in another place or spending his last week using his holiday entitlement sat on a beach?

Technically it might be against his employment terms and conditions, so I guess he can give him a formal warning. Oh no! :rotfl: He might lose the job he just left if he gets another one of those!

Ignore it, the guy is plainly an idiot.

UnoriginalGuy_2

You can have two jobs at once. There are legal limits for how long ONE employer can make you work but there is no legal limit on how many hours someone can work (assuming it doesn't impact safety).

So by all means the old employer can report him to the tax man, and the worst the tax man can do is try and claim all the tax they're due (which me might have paid already).

Just sounds like the baby is crying. He could try and avoid paying out the last week, but as far as I know there are no restrictions on what you can do on your holiday as long as it isn't in a work contract etc.

Savvy_Sue

Given that your OH (probably) won't have his P45 yet, it may be worth asking his new employer for a P46 (or downloading one from HMRC if employer looks blank).

Then when P45 arrives he hands it in.

That way the tax gets sorted promptly.

But I agree it's not fraud.

LittleVoice

UnoriginalGuy wrote: »

There are legal limits for how long ONE employer can make you work but there is no legal limit on how many hours someone can work (assuming it doesn't impact safety).

Being rather pedantic here but all work done for any number of employers should be added together to see whether the 48-hour limit has been breached. (This is why employers should really be told about other employment - unless an opt-out has been signed for each.)

DCFC79

LittleVoice wrote: »

Being rather pedantic here but all work done for any number of employers should be added together to see whether the 48-hour limit has been breached. (This is why employers should really be told about other employment - unless an opt-out has been signed for each.)

oh well, i worked 49.5 hours from march to may as i had 2 jobs; 1 being 12 hours a week and the other 37.5 a weeks but i hadnt told the 37.5 hour a week employer i had a 2nd job