Working notice

marybelle01

Gas_Powered_Toothbrush wrote: »

Just get him to phone in sick each day from now until the end of the month.

And when the employer sends someone around to the new workplace to check if he's there, he'll be at home sick will he? Or will he be providing them with evidence that on top of being willing to break his contract, he's a liar and a fraud? That way they'll be able to let the DWP know that he's fraudulently claimed SSP, whether or not there is company sick pay. If there is company sick pay they can them sue him for his replacement AND the fraud.

Gas_Powered_Toothbrush

Well obviously I'm assuming he wouldn't be stupid enough to tell the old employer where he's going to be working going forward.

marybelle01

Gas_Powered_Toothbrush wrote: »

Well obviously I'm assuming he wouldn't be stupid enough to tell the old employer where he's going to be working going forward.

And you are assuming that the employer is stupid enough not to spot the reference request, or that they have his address (PI with a camera - it far from unheard of!), or any one of the other ways they could find out. You think they are too thick to work out that he isn't really sick? Or too kind not to take extreme measures? or, when they know the new employer, if they do not already, to contact them and point out that their new employee is a thief, and that they have induced someone to breach of contract (which can also be sued over).

We are not talking about pulling a days sickie here - which I absolutely would not agree with even then. You are advocating that he commit intentional fraud by claiming (at least) SSP whilst simultaneously working elsewhere for near enough a month. That is theft. And if the OP wishes to become a thief then they should take your advice.

This is not about whether we feel sorry for the OP or wish that things were different. There is a contract. A contract that the OP would have expected the employer to honour if the circumstances were reversed. The employer is not being unreasonable or unfair - it is the new employer who is doing that. And your answer is fraud?

Gas_Powered_Toothbrush

marybelle01 wrote: »

You are advocating that he commit intentional fraud by claiming (at least) SSP whilst simultaneously working elsewhere for near enough a month.

Please point out where in my post I even mentioned SSP.

AP007

Gas_Powered_Toothbrush wrote: »

Just get him to phone in sick each day from now until the end of the month.

Gas_Powered_Toothbrush wrote: »

Please point out where in my post I even mentioned SSP.

To phone in sick for more than 3 days would result in SSP and after 7 you need a doctors note etc