Legality of having two jobs (at the same time).

NoNoDrama

Annisele wrote: »

In the industry I work in your old manager would find out, because somebody in your new firm would gossip in the pub to somebody who still works for the old one. You may well work in a larger industry with more competitors, but it sounds a very stupid idea to me.

We're talking two billion pound a year turnover companies and me being a massive relative small fry in the grand scheme of things. I just don't see this happening.

I don't see any company more especially my current one (as they are the most relevant here) having legal leverage over me or having the will to drag me through a court for 2 weeks pay. It's just not a realistic scenario, is it?

I'm thinking more taxman implications, any dodgy ground here?

And yes, I know my new company can sack me whenever they like now for the first 2 years....it's one of the reasons i want a trial with them just to make sure it's right for me. Not interested in financial gain of the two weeks sick pay.

getmore4less

Highly likely you will be breaking the law(contract law)

What does the new employers contract say about other work?

It is not unknown for an employer to keep the breach "in the bag" a new one has the ultimate sanction to get round the 2 years etc, decide they don't like you and suddenly the contractual breach appears gross misconduct and your out.

Even when sick you are still under contract and have to be careful working elsewhere during your contractual hours.

working two jobs that don't overlap is not a problem.

phill99

OP : by your rantings, your ignorance of the situation, your dismissal of all suggestions that well meaning people have made and your complete and utter contempt for both your existing employer and prospective employer, you have declared that you are actually unemployable.

You are willing to go behind the backs of two companies that have employed you in good faith, breach terms of both contracts and are quite happy to commit an act of fraud into the bargain.

When you get found out, (and you will, believe me), you will be sacked on the spot from both companies. And rightly so. Then you need to explain that to future employees (that is if any one is likely to even give you an interview).

I can only imagine that you really are the employee from hell.

Moneymash

Something similar happened at my place. A colleague was always phoning in sick every Tuesday, this happened for about 6 weeks. She then handed in her notice, the day she did a Tuesday she phoned in sick again. Then she worked two weeks of a months notice and went off sick again, obviously not returning because her notice period was up.

A few months later a few other colleagues met her husband whilst out shopping and he told them the company owed her wages. He said she hadn't been paid the right sick pay or holiday pay she felt she was owing.

The company had worked out she was working elsewhere and therefore wasn't sick. Also, we found out that if you leave before your notice period is up, the company is only obliged to pay you statutory holidays. They can deduct any additional holiday pay they owe you for administration costs in having to cover her shifts.

I have to add as well, she wasn't well liked at all, I believe that someone told the company she was working elsewhere. It also didn't help her that she messed the company around so much, so I'm guessing they made sure they didn't pay her a penny more than she was entitled to.

Nothanks

OP, turnover =/= anonymity. That's a pretty risky assumption.

Because I'm a pretty positive person I'm going to choose to take this situation not that you want to rip off your employer, but that you are genuinely unnerved about the new one and want to find out more.

But you must concede to both employers it just looks like you're trying to rip them off. Industries talk. I appreciate you've done your own weighing up the risks of being caught (i think you're wrong in that assessment BTW) but i'd urge you to measure the potential pros vs cons.

There are better ways to find out about a potential employer, and all you can do is have an educated guess after doing your homework, then take the plunge like the rest of us. I'd suggest:
Tapping up employees of the new firm on linkedin to get the low down
Asking to spend a day with your prospective team
Email the leadership of the new firm and ask them their take on the company strategy and your place in it.

Takeaway_Addict

Looking at your previous posts you do like to court trouble and its quite clear that whatever anyone advises you'll do what you want anyway.

You may get caught, you may not....

patanne

I look forward to you going off sick in your second job whilst still off sick from your first as after your last post I lost ALL sympathy. HMRC will know because of real time reporting which is now in force. If you get SSP from 2 sources that is fraud. Getting a sick note from the doctors just so you can try out another job is fraud. If the doctor finds out that you have tricked them into a fitnote then you may have a problem ever going off sick again because they will always have reason to doubt your veracity.

ETA it is legal to have as many jobs as you can as long as you pay all the tax & NI that is due. As long as it does not contravene terms of any contracts of employment. (or involve fraud) and assuming that the fitnote HR receive does not ever land up being put in your file by the same person who filed the reference request.

duchy

Wondering why you are asking if you don't want to hear any answers that don't agree with what you want to hear.

If you want to "test drive" the other job the least risky path would be to take holiday -and if you don't work your notice as you never go back then you'd probably lose a bit of money but as you'd be earning in the new job it probably wouldn't be significant.

A lot depends what your contract(s) say about other employment and if the two employers are direct competitors.

Signing off sick and accepting sick pay or SSP is fraud and could bite you on the bum later. Only you can decide if it is worth taking the risk or not but most people wouldn't get abusive to people who suggest this could happen -I assume you don't work anywhere tact and diplomacy are required though !


Seems a bit of a no brainer though - a new job versus one where you get "death threats" though LOL

lovinituk

What are you going to do when your new job ask for your P45? They will know you have another job because you will have to be on different tax code at the second job as your personal tax allowance will be used up in your first job.

Plus as said above you are acting entirely fraudulently which is illegal.

You sound like you've already made up your mind though so I hope you get caught out!

phill99

NoNoDrama wrote: »

p not me who has two jobs on the table .

Soon to have none.