Primary employer trying to force me to leave second job

Barny1979

MoneySeeker1 said:

shellyboot said:

getmore4less said:

The care home should have measures in place that protect the residents where ever possible

Kitchen staff don't need contact with other workers or residents there should be barrier practice in place. 

How many cases and deaths did this care home have since March?

If they don't need you they could just make you redundant.

No deaths or positive cases in the staff or residents. All get tested once a week and I would be tested before returning to work

Which brings up another question - ie what testing method would they be planning on using on you?

Would it be that invasive nose and throat swab thing that people have been complaining about? - ie because it's so uncomfortable/maybe even painful? 

Possibly as there are so many snowflakes who like to moan.

shellyboot

Barny1979 said:

MoneySeeker1 said:

shellyboot said:

getmore4less said:

The care home should have measures in place that protect the residents where ever possible

Kitchen staff don't need contact with other workers or residents there should be barrier practice in place. 

How many cases and deaths did this care home have since March?

If they don't need you they could just make you redundant.

No deaths or positive cases in the staff or residents. All get tested once a week and I would be tested before returning to work

Which brings up another question - ie what testing method would they be planning on using on you?

Would it be that invasive nose and throat swab thing that people have been complaining about? - ie because it's so uncomfortable/maybe even painful? 

Possibly as there are so many snowflakes who like to moan.

I really don't mind the way the testing is done. 

Masomnia

Is the exact wording of the contract 'No second jobs as there may be a conflict' or is it more along the lines of you can have a second job provided there is no conflict of interest?

Is your contract with the care home zero hours?

There is no easy answer to this one unfortunately. I think hoping for redundancy is a risky strategy as they could dismiss you for 'some other substantial reason' which if they reasonably believe you pose a threat to the well being of their residents they could possibly do. You'd then have to bring an unfair dismissal claim (if you have 2 years + length of service and it's not a casual contract), but no one here can say if you'd win or not and in the meantime you'd have lost the job.

Feel for you on this one!

thepurplepixie

I saw something on BBC news channel (well it could have been Sky) saying that the govt are issuing new rules about care homes, the only thing they mentioned was care staff not being able to move between homes but there might be something in the rules that clarifies things (although with this govt that would probably be a first.)

I think rates are going up in care homes, I haven't heard of an outbreak in homes I know for months, this week 3 of them have confirmed cases.  I honestly don't blame them being careful when you consider the thousands of people who have died in care homes from covid.

Legally re dismissal/redundancy it will depend on the actual wording in your contract.  Why don't you give ACAS a ring and read it out to them and they will advise you, they don't charge.  Be careful if you search online for their number as there as scams where you think you are ringing them but it is an expensive line.

Savvy_Sue

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.

PEOPLE are not made redundant, their job / role is. 

Presumably the care home still needs someone doing what shellyboot does, so this is not a redundancy situation. 

getmore4less

Savvy_Sue said:

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.

PEOPLE are not made redundant, their job / role is. 

Presumably the care home still needs someone doing what shellyboot does, so this is not a redundancy situation. 

They have managed without them for months while they were on furlough, only reason they even discussing this is because the scheme is ending and they need to start paying them again.

shellyboot

Been talking to citizens advice and they suggest writing a letter to the nursing home to state that I have no intention of resigning from either job at the end of October and enclosing a risk assessment from the pub for employees. Then just wait for the nursing home to respond 

Marvel1

Odd one, as i would think you are more safer working in the pub than being a customer.

t0rt0ise

There is no conflict of interest. People are redefining the term to suit. And they can't make you redundant or sack you for no reason as you have employment rights. I'd ask them on what legal grounds they are asking you to choose jobs. It'll show them that you know what's what.

getmore4less

Care homes will be worried at the latest numbers they are in meltdown again after getting things under control.

Somewhere there is still a big whole in preventing Covid getting  into care homes.

Over 200 Covid-19 outbreaks in care homes second week Sept,  previous 2 weeks they were under 50