redundancy whilst off sick and new job

lilyflower179

I currently work full time and have been sicked off sick with stress from this job for 5 weeks. I am signed off for a futher 5 weeks. It is work related stress so other than that I am fit for work.
I found out that I am being made redundant on the 1st august my sick note carries me up until the 26th july and then I have booked holidays so I will never have to go back into that job.
I have found a new job that wants me to start on the 6th july.
They are not going to contact my current employer for references and do not need my p60.
I am wanting to start work at my new job and just not tell my old employer this and claim my redundancy.
I know this sounds bad but they have put me through absolute hell and for the sake of three weeks I don't think it is fair that I should miss out on a massive lump sum of money.

I know I shouldn't do this but I'm wanting to know if it's possible?
Will my old employer be able to find out if I'm working somewhere else?
I will be paying the right amount of tax etc.

I don't need opinions wanting answers off anyone with experience or facts.
Thanks so much.

Old_Git

are you claiming sick while working

getmore4less

Ask the new employer if they are happy to employ you while you are still under contract with another company.

Many will not be happy doing this.

Check the fit(sick) note carefully, it may be that it does not allow you to work, to do so while claiming SSP could be an issue.

Your new employer should request a P45 or a P46 to set up the tax will you be filling this in with the truth?

THere is a chance your old employer could get a new coding from HMRC that could trigger them to investigate.

Now I don't have the full details but it was pointed out by a someone that posted here(that knew their stuff) that if you get another job in some circumstances(and I think yours would be in that catagory) the redundancy is not a statutory requirement.

If the timings are right there may be an opportunity to counter notice but I think that may be an issue if you are not on notice and have the job offer already.


You could just wing it and hope they don't find out but a lot could go wrong.

Old_Git

The only issue will be if you are receiving SSP ,but this is unlikely to be noticed by HMRC .
Your new employer will put you on emergency tax code until they receive the P45 from your present employer in any event this can take a while to happen .

sangie595

lilyflower179 wrote: »

I
I know I shouldn't do this but I'm wanting to know if it's possible?

It is possible to rob a bank. It is possible to shoplift. That doesn't mean you should do it because the bank annoyed you or the supermarket overcharged you for something. And it won't be an excuse when you are caught.


There are always ways in which an employer might find out that you have committed fraud. If you continue to claim SSP there are always ways in which HMRC might find out you have committed fraud. Neither of which means that you will be doing so because actually there isn't enough information here to advise you on whether you would be or not. But are you really willing to take that risk? For all you know you may already be able to legitimately claim redundancy, but get caught out in a fraud with the payment of sick pay whilst also working. Will your new employer be ok if they find out that you are dishonest and take money that isn't rightfully yours?


I think you are confused about what these boards are for. Telling you that what you are doing is dishonest, or may be dishonest, is not an opinion. It is a fact and you know that. You have decided that you want to be dishonest and you want someone here to tell you either that it is ok, or even how to do it and get away with it. Nobody is going to do that. And if someone did it wouldn't be an excuse if you got caught.


Either tell the new employer that you are required to serve your notice period and don't start work for them until you are legitimately able to do so, or speak to your current employer and sort it out properly - which yes, may involve a risk, or it may not (because there isn't even information here to say). But don't depend on the advice of other people telling you that dishonesty is ok because that is what you want to be told.

RuthnJasper

I wouldn't risk it. It isn't worth the fall-out should you get caught. Even if you get away with it for now, the new employers could still discover the truth in several months' time. Plus, you will always have the concern that "today might be the day they find out". If they DO find out, it won't go well for you and you won't have much in the way of a decent excuse.

Surely the new employers can wait a short while?

angel_of_dartford

If you are signed off work sick, you are deemed to be unfit for for work. Until the sick note expires, you are unlikely to be covered by any employers liability insurance (a minimum legal requirement),, as you are going against the doctors advice.

I appreciate that the cause is stress caused by the first job, but the doctors note says you are unfit for work. It does not specify which job or employer.