Working another job whilst suspended.

nonnatus

Hello,

I am suspended on full pay from a job, pending an investigation. I will not be returning to that job but expect to remain suspended (and therefore paid) until the end of September.

I obviously need another job, not least because I will go insane sat around the house waiting.

I have applied for several things, all much more "basic" positions, paying much less than what I'm used to but a job is a job and a wage is a wage.

I was offered a part time, temporary position yesterday that suits me very well. They don't want references and are offering an immediate start. They haven't asked about why I "left" my previous employer but are assuming I am unemployed. I don't want to have to explain myself and risk losing the job but obviously won't have access to a P45 for at least another month (new position is paid weekly).

But if I complete a P46, surely I will have to declare that the "new" job is a second job as I am still currently employed by my old job.
The new employer will then maybe ask questions??

I'm aware many of you will be of the opinion that I shouldn't be trying to cheat in the first place but I just want to ensure I still have money coming in and not wait until I have no money and no job AND no references to start job hunting.

Anyone have any ideas please?

InsideInsurance

How are you cheating? As long as your current employer's contract doesnt stipulate you cannot work else where there is nothing to stop you have a second job. Obviously you need to consider the issue of if they do decide to take you back that you would have to resign one of the two jobs and have issues of notice periods.

If it is a part time job it wouldn't come as too much surprise to them on your P46 that you have another job and it is up to you what you tell them if they do bother asking. You'll need to check the contract to ensure it allows you to have more than one job again but it would be a touch harsh to part time employees to say they cannot work for anyone else.

SarEl

InsideInsurance wrote: »

How are you cheating? As long as your current employer's contract doesnt stipulate you cannot work else where there is nothing to stop you have a second job.

Well let's see how it could be fraud (which tops cheating). The OP is drawing a wage for a full time job - suspension does not mean that anything at all about your contract changes, and you are expected to be fully available for the employer during your normal working hours. If you were not suspended and went off working for someone else whilst simultaneously claiming to be at work then you would certainly be sacked for this, and you would deserve to be because it is theft and fraud - claiming wages for time that you are not available to work for your employer. Suspension changes this in no way - it is gross misconduct and it is fraud/theft.

nonnatus

Ah.

SarEl, I see where you are coming from there and certainly don't want to add fraud to my troubles .

I have the suspension letter from my current employer stating they most certainly don't want me to attend work whilst this is being sorted out, and I have NO intention of returning there, in the unlikely event that they alllow me to return. I was just trying to keep busy and ensure I don't end up jobless for a period.

Might have to go back to the drawing board then, because you've certainly frightened me! (And I don't mean that in a bad way - I asked for advice and was aware some of it may not be what I needed to hear!)

InsideInsurance - That is more like how I was judging the situation, but SarEl has made some valid points.

Thanks for both of your ideas.

SarEl

If you are suspended it is a neutral act in law. I am going to assume that your "confidence" in your dismissal is meaningful - you have done something that you know is likley to result in dismissal? But during suspension your employer can literally say - suspension over, back to work now, or investigation meeting, I want you in in an hour. And I am busy won't cut it - you will definitely be adding to whatever troubles you currently have. Fair enough if you don't want to tell - but why are you convinced you will be dismissed. OK, if you have done something to warrant it then it's likely - but it isn't always inevitable, and we may be able to suggest courses of action to at least try to avoid it.

nonnatus

SarEl,

I've done something very wrong which I regret greatly. I've admitted to it and it would be impossible for me to return. The investigation is "going through the motions" and following departmental policy but there is no way they will invite me back to work unfortunately.
I'm going to have to dramatically change careers, maybe re-train, but whilst this hangs over me, and for the forsee-able future, I will have to lower my sights and just get on with earning some money some how.
I really appreciate the points you made.

scheming_gypsy

if you're suspended on full pay
Most likely to be dismissed
definitely not going back
Got a new job lined up


why do you want 'sacked for gross misconduct' on your CV? can't you resign and give a months notice? if they don't want you to go back then it's unlikely they'll make you work your notice and you should still get your full pay.



no doubt there's a flaw in this so i'll await SarEL to point it out

saintjammyswine

Main one being you will then have "resigned while suspended for investigation into alleged misconduct" = GUILTY regardless of whether they are or not.

SarEl

I agree with saintjimmy - except, since the OP has already admitted guilt then it's rather moot!

But OP - people do stupid things and yes, they often get sacked for them. But not always. If you are absolute in this then do it - quit. It can't get any worse. And I just realised that was stupid - it isn't illegal is it? But broadly speaking the worst has happened. So your options appear to be - resign now and take the job; try to mitigate it and pray for the best. I can't hold out any false hopes - you are probably right and you will probably get dismissed, and a bird in the hand may be better than benefits sanctions. Quitting with immediate effect would probably be accepted in tis case, leaving you clear to take up the other job. Yes you loose whatever pay is left before you are dismissed - I assume this is so bad that immediate dismissal is on the cards as a serious option. Trying to plead it out is a risk - a big one. So it is down to you to make the decision.

an9i77

We once had an employee who got suspended, then put in a sick note and got another job. I had a great time explaining that when the reference request came in from his new employer (the employee was a little !!!! who lied to everyone so didn't deserve any favours).
But if your new employer really doesn't need a reference i'd say you'll be ok. if you're really not going back and are not likely to ever need a reference from them, as you say a wage is a wage so i'd take the new job and resign from your old one

SarEl

On the other hand, many years ago when I was young I did a favour for a mate and represented her husband a disciplinary for gross misconduct - theft and admitted, and a lot of money. He got a final warning. Miracles do happen, they are just rare. TBH you could have knocked me over with a feather because I was sure he was a goner!