Primary employer trying to force me to leave second job

shellyboot

I had been furloughed due to shielding from both of my jobs, one being a nursing home and one being a pub. I returned to the pub in August but the Nursing Home kept me furloughed as they said the pub being busy in summer holiday would mean I pose a risk of covid to their business.... So they continued to furlough me.
They have now said that when the furlough scheme comes to an end in October, I must choose between which job I want to keep as they still don't want me if I'm working at the pub. Can they force me to quit my second job? 
My contract says that I cannot have a second job that is conflict of interest, I have worked at nursing home for 9 years and the pub for 4 years, they have always known about the other. 
Any help would be greatly appreciated because I don't want to lose either employment really. 
Thanks 

KatrinaWaves

Think of it from their point of view, they have to bring you back and pay you, as the furlough scheme has ended, but your second job does pose a heavier risk of covid infection than the care home job. They have to prioritise their patients. That is a conflict of interest, IMO. It may not have been before, but things have changed dramatically. 

MalMonroe

You will have to think about which job you really want because there definitely IS a conflict of interest here. The nursing home has to be very careful to ensure the safety of the people who live there. Working in a pub means that you are mixing with lots of other people who could be carriers of coronavirus, even if they don't have it themselves. You won't be able to guarantee that you are coronavirus-free before every shift at the nursing home. So yes, given that the nursing home has to consider the health and safety of their residents, they can ask you to leave if you are unable to comply with their requirements. That doesn't mean they are forcing you to quit your second job, it means that it's not safe for you to work with their residents right now so they'll be asking you to quit your job with them. Because that's in the terms of your contract and they can do that.

MoneySeeker1

Does sound like they probably can force you  to choose between the two jobs - unfortunately.

I guess you have to evaluate which one pays more. If the pub pays as much (or more) than the nursing home - then it boils down to probably the best deal you can get is to insist to the care home that you intend to keep both jobs and they will then probably make you redundant (I did mean "make you redundant", rather than "sack you" - though it would be a sacking). The distinction being important - as redundancy often means a redundancy payout is due and you could therefore claim some compensation for being sacked by them.

The other thing is that I'm guessing the carehome is expecting you to do things like wear masks/use hand sanitiser frequently/etc/etc and care homes are the sort of place that might try inflicting compulsory vaccinations on their staff if it comes to it and pubs are much less likely to try that lark on.

On balance - if forced to choose - I'd be inclined to choose the pub job and wait for the carehome to "make me redundant" in your position. Darn it!

Barny1979

This is a conflict of interest, may have not been previously, but is now, as you are potentially putting the residents and Care Home at risk.

Barny1979

MoneySeeker1 said:

On balance - if forced to choose - I'd be inclined to choose the pub job and wait for the carehome to "make me redundant" in your position. Darn it!

Would it not be a breach of contract by OP, then no redundancy for sacking on gross misconduct?

JReacher1

It’s not a redundancy situation. 

Personally I would worry about the future of pubs in the next few months so I would be inclined to go with the nursery home job. 

comeandgo

It's not redundancy it's just your employer taking care of the residents and staff.  If you don't comply they can sack you.

prowla

Is it in the contract (of either employer) that you can't have another job?

getmore4less

Here are the numbers since beginning July  for COVID-19 in care homes    & workplace that include pubs and loads of other work places  wk32 & food outlets(started week 32)
care homes have been topping the list of outbreaks since march until wk 36( 31 August and 6 September) when going back to work and eating out  has taken over, schools will probably pick up soon.
(wk 28 is 6th 12 July)
wk28 35 28
wk29 111 24
wk30 88 26
wk31 75 37
wk32 79 37 9
wk33 67 31 12
wk34 65 23 8
wk35 43 32 19
wk36 35 34 49

If they are saying you can't work they may have to put you on medical suspension(full pay) as they are refusing to let you work on their own medical assessment as being a medical risk.

https://www.legislation.gov.uk/ukpga/1996/18/part/VII/crossheading/suspension-on-medical-grounds


To reduce the risk for care home no one that works there should go out to eat of have school age kids living with them.

Comms69

MoneySeeker1 said:

Does sound like they probably can force you  to choose between the two jobs - unfortunately.

I guess you have to evaluate which one pays more. If the pub pays as much (or more) than the nursing home - then it boils down to probably the best deal you can get is to insist to the care home that you intend to keep both jobs and they will then probably make you redundant (I did mean "make you redundant", rather than "sack you" - though it would be a sacking). The distinction being important - as redundancy often means a redundancy payout is due and you could therefore claim some compensation for being sacked by them.

The other thing is that I'm guessing the carehome is expecting you to do things like wear masks/use hand sanitiser frequently/etc/etc and care homes are the sort of place that might try inflicting compulsory vaccinations on their staff if it comes to it and pubs are much less likely to try that lark on.

On balance - if forced to choose - I'd be inclined to choose the pub job and wait for the carehome to "make me redundant" in your position. Darn it!

They'd never be able to check