Primary employer trying to force me to leave second job

Barny1979

@shellyboot has your stance lessened now pubs will be closing earlier from tomorrow?

bradders1983

Barny1979 said:

@shellyboot has your stance lessened now pubs will be closing earlier from tomorrow?

If she works in the kitchen I would imagine the reduced hours dont impact her anyway, not many pubs serve food after 10pm.

shellyboot

Barny1979 said:

@shellyboot has your stance lessened now pubs will be closing earlier from tomorrow?

My stance remains that I don't want to be forced my primary employment to resign from my secondary. 

shellyboot

Undervalued said:

shellyboot said:

Barny1979 said:

For those who are saying it's not a Conflict of Interest, how would you feel if an elderly relative died from Covid in a care home due to the OP spreading it through the home as a result of working in the pub?

Whether I work in a pub or not.... 
Every member of staff is a conflict of interest when it comes to a virus that is literally everywhere. So have been advised that if they were to down the conflict of interest route then I could go to tribunal for unfair dismissal and discrimination.
If covid ever got into a nursing home I don't think anyone would be able to point a finger in anybodies direction for blame, it can be transmitted in so many ways. 
As I have said before, I dont enter the main residence of the home, just enter the kitchen, work and go home. I'm not saying that I couldn't take it to the nursing home, but so could a member of staff that only goes to work and their home but decides to go to the newsagents for a paper one day and catches it. It's impossible to trace and predict in many ways. 

Advised by whom?

Unfair dismissal - possibly, as I said earlier in this thread. Given time there are bound to be some similar cases to this and I wouldn't like to say how they will be resolved.

Discrimination - No, unless you can claim it is on one of the few legally protected grounds (gender, religion, race etc).

Either way any claim would take ages to reach a tribunal and in the meantime you would be out of your main job. You might (or might not) win, and even if you did compensation is usually far less than most people imagine.

I sympathise but that is the harsh reality.

Advised this by citizens advice and awaiting a response from acas too.
I don't want it to be something that has to go to a tribunal. I don't want that hassle and I wouldn't want my employment with nursing home to end in a bitter way like that. 
The discrimination route that they are saying is because I am being singled out for my actions outside of the nursing home when others are not.
This is a new situation that's never really arisen before so in hoping that i can at least be furloughed until the end of October with nursing home and then go from there. 

Undervalued

shellyboot said:

Undervalued said:

shellyboot said:

Barny1979 said:

For those who are saying it's not a Conflict of Interest, how would you feel if an elderly relative died from Covid in a care home due to the OP spreading it through the home as a result of working in the pub?

Whether I work in a pub or not.... 
Every member of staff is a conflict of interest when it comes to a virus that is literally everywhere. So have been advised that if they were to down the conflict of interest route then I could go to tribunal for unfair dismissal and discrimination.
If covid ever got into a nursing home I don't think anyone would be able to point a finger in anybodies direction for blame, it can be transmitted in so many ways. 
As I have said before, I dont enter the main residence of the home, just enter the kitchen, work and go home. I'm not saying that I couldn't take it to the nursing home, but so could a member of staff that only goes to work and their home but decides to go to the newsagents for a paper one day and catches it. It's impossible to trace and predict in many ways. 

Advised by whom?

Unfair dismissal - possibly, as I said earlier in this thread. Given time there are bound to be some similar cases to this and I wouldn't like to say how they will be resolved.

Discrimination - No, unless you can claim it is on one of the few legally protected grounds (gender, religion, race etc).

Either way any claim would take ages to reach a tribunal and in the meantime you would be out of your main job. You might (or might not) win, and even if you did compensation is usually far less than most people imagine.

I sympathise but that is the harsh reality.

Advised this by citizens advice and awaiting a response from acas too.
I don't want it to be something that has to go to a tribunal. I don't want that hassle and I wouldn't want my employment with nursing home to end in a bitter way like that. 
The discrimination route that they are saying is because I am being singled out for my actions outside of the nursing home when others are not.
This is a new situation that's never really arisen before so in hoping that i can at least be furloughed until the end of October with nursing home and then go from there. 

Sorry but they can't legally furlough you if there is work for you to do. 

Also I still don't "buy" the discrimination argument. There is no general requirement to treat employees equally unless the "discrimination" is on the grounds of one of a fairly limited number of protected characteristics.

Did citizen's advice put you on to a lawyer or was it just one of their lay advisors? ACAS, at the first level is a call centre staffed with people with only limited training largely reading from a script. Neither is a substitute for proper qualified legal advice. Does your house insurance provide legal cover? Or, are you a union member.

Finally, as I say, even if they were to dismiss you and it later be held to be unfair (as it may well be), what are you going to do in the meantime?

lincroft1710

Were we not in the middle of this pandemic, I would have agreed that the employer was being high handed, especially as there was no conflict of business interests. Although there may have been some concern that you may not be so alert because you were working 2 jobs.

However in view of the current situation, I can see the employer's point of view and do not believe it is unfair, nor it is discriminatory. They are trying to minimise any risk of outside infection being brought in and of being seen to take steps to do this. If they dismiss you or you resign I do not see a claim of unfair dismissal or constructive dismissal, respectively, succeeding at a tribunal.

I think you have to make a choice of which job you want to continue with.

polgara

"The discrimination route that they are saying is because I am being singled out for my actions outside of the nursing home when others are not."  sounds the usual poor advice from people with no or limited employment law knowledge.

Whilst it might feel unfair, and may at some point be deemed lawfully unfair (by an Employment Tribunal) there is nothing in what you are saying that meets the requirement of discrimination - age, disability, gender reassignment, marriage/civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation.  Having a second job doesn't fall into those categories.

There are a lot of unfair dismissal calculators available on solicitors pages - use them and see what you might win if you were successful at a Tribunal but don't underestimate the level of stress that this process can be.

Marvel1

Barny1979 said:

For those who are saying it's not a Conflict of Interest, how would you feel if an elderly relative died from Covid in a care home due to the OP spreading it through the home as a result of working in the pub?

No different to anything else outside work, do you propose the employees to remain home and only leave to work in the care home?

Barny1979

Marvel1 said:

Barny1979 said:

For those who are saying it's not a Conflict of Interest, how would you feel if an elderly relative died from Covid in a care home due to the OP spreading it through the home as a result of working in the pub?

No different to anything else outside work, do you propose the employees to remain home and only leave to work in the care home?

No, I'm proposing they take care and take into consideration their main job, rather than their second job.