Primary employer trying to force me to leave second job

Brynsam

shellyboot said:

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? 
 

The nursing home would be pilloried if residents contracted the virus and it was found they'd happily been employing someone who was known to be working in a pub, regardless of how often you tested negative for COVID. Media headlines don't usually let the facts spoil a good story. The home can't force you to quit your second job but if you didn't, they could almost certainly sack you on the grounds you posed a threat to residents.

Undervalued

Brynsam said:

shellyboot said:

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? 
 

The nursing home would be pilloried if residents contracted the virus and it was found they'd happily been employing someone who was known to be working in a pub, regardless of how often you tested negative for COVID. Media headlines don't usually let the facts spoil a good story. The home can't force you to quit your second job but if you didn't, they could almost certainly sack you on the grounds you posed a threat to residents.

I agree although it would be interesting to see which way a tribunal were to rule if that happened.

A counter argument might be that another member of staff could spend the same number of hours in the pub as a customer. Would they also be liable to dismissal? What about two other members of staff, one of whom might live on their own and hardly go out whereas another might live in a shared household with six others and have an active social life?

shellyboot

Thank you for all your comments, they are giving me lots of points of view on this and that's what I need. I completely understand the nursing homes point of view when it comes to the risk to their business.
On the other hand, in the pub I work in the kitchen with 2/3 other people on shift. In the nursing home I work in the kitchen with 1 other person and I am not allowed to enter the main building or use staff rest rooms, there are separate ones for kitchen staff. So my point of view is that although I have 2 jobs, I am not going to tesco where there are lots of people, i do it all online, I don't go to socialise in pubs whereas so staff would. I'm not living with anybody while some health care staff have large families and children. 
I am just hoping to find out what happens when it comes to employment law. Its an existing second job which they are aware of so I wonder if they can do the conflict of interest route. I'm sure they probably can.
On the other hand,  should they be making the decision themselves that it isn't safe for me to go back rather than putting it on me to walk away from one of my employments.

Comms69

shellyboot said:

Thank you for all your comments, they are giving me lots of points of view on this and that's what I need. I completely understand the nursing homes point of view when it comes to the risk to their business.
On the other hand, in the pub I work in the kitchen with 2/3 other people on shift. In the nursing home I work in the kitchen with 1 other person and I am not allowed to enter the main building or use staff rest rooms, there are separate ones for kitchen staff. So my point of view is that although I have 2 jobs, I am not going to tesco where there are lots of people, i do it all online, I don't go to socialise in pubs whereas so staff would. I'm not living with anybody while some health care staff have large families and children. 
I am just hoping to find out what happens when it comes to employment law. Its an existing second job which they are aware of so I wonder if they can do the conflict of interest route. I'm sure they probably can.
On the other hand,  should they be making the decision themselves that it isn't safe for me to go back rather than putting it on me to walk away from one of my employments.

A conflict of interest can develop, and it seems in this case they have a valid point from an employment pov

shellyboot

prowla said:

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

It is in the contract that I can't have a job that is conflict of interest ie, care agencies and community care. 

shellyboot

Comms69

A conflict of interest can develop, and it seems in this case they have a valid point from an employment pov

Thank you, this is what I have been wondering, so they could get rid of me for gross misconduct even though it isn't a job that I have started whilst on furlough, I have been working there for years, they have always been aware. 

Manxman_in_exile

I think this thread leads onto lots of interesting questions

I can understand the POV of the Care Home if furlough ends and the OP is too much of a risk to employ and the care home can't afford them, but...

I tend to agree that it probably ought to be treated as a medical suspension rather than sacking/resignation/breach of contract and...

care home workers probably shouldn't go out to shop or eat and shouldn't live with school age children (or anybody else basically) and get paid !!!!!! wages for doing so.

It's a complete mess and I don't see it getting better any time soon.

(But I agree with whoever said a care home may be a better bet than the pub - if the OP was absolutely forced to make a choice).

Barny1979

OP which is the main income? This needs to be considered, as well as length of service and also the fact that the hospitality industry isn't going to recover anytime soon.

shellyboot

Manxman_in_exile said:

I think this thread leads onto lots of interesting questions

I can understand the POV of the Care Home if furlough ends and the OP is too much of a risk to employ and the care home can't afford them, but...

I tend to agree that it probably ought to be treated as a medical suspension rather than sacking/resignation/breach of contract and...

care home workers probably shouldn't go out to shop or eat and shouldn't live with school age children (or anybody else basically) and get paid !!!!!! wages for doing so.

It's a complete mess and I don't see it getting better any time soon.

(But I agree with whoever said a care home may be a better bet than the pub - if the OP was absolutely forced to make a choice).

Thank you, that is why I posted on here because it is such a bizarre situation that I'm not sure what laws cover me or go against me. I can understand the conflict of interest, but can an employer do a conflict of interest after i have worked the second job for 4 years. Almost a retrospective conflict of interest 🤔   
I have explained that I am in the kitchen in the pub away from general public, I have always been very open with them about the work I am doing at the pub. Whereas other staff have been on holiday or can socialise every night of the week if they wanted to. 
It's so confusing. 

shellyboot

Barny1979 said:

OP which is the main income? This needs to be considered, as well as length of service and also the fact that the hospitality industry isn't going to recover anytime soon.

Main income is at the nursing home but I would be able to do more hours at the pub if I didn't work at the nursing home. The pub pays more per hour and is in a popular holiday area in Cornwall so is thriving at the moment and bookings keep coming in for November onwards too.