misconduct or gross misconduct

JCS1

xyz111 said:

what does it say:

. You are absent for four or more days by reason of sickness or incapacity, you are entitled to Statutory Sick Pay (SSP), provided that you have met the requirements above. For the purposes of the SSP scheme the 'qualifying days' are Monday to Friday. There is no contractual right to payment due to sickness of incapacity. Any such payments are as per sick and absence policy.

So you get no pay for first 3 days of sickness, then SSP only after that of approx £100 per week.

And you would need Dr's note after a week.

Grumpy_chap

xyz111 said:

what does it say:

. You are absent for four or more days by reason of sickness or incapacity, you are entitled to Statutory Sick Pay (SSP), provided that you have met the requirements above. For the purposes of the SSP scheme the 'qualifying days' are Monday to Friday. There is no contractual right to payment due to sickness of incapacity. Any such payments are as per sick and absence policy.

All this talk about SSP is entirely irrelevant.

You are not absent by reason of sickness or incapacity.
You are absent because you have been suspended from your duties:

xyz111 said:

to confirm the decision to suspend you from your duties based on the following allegations

• · that you are in breach of Clause xx of your contract of employment by being employed by a competitor xxx without permission, without the knowledge of your line manager and in such causing a conflict of interest, 

I don't know why you think the sickness route is a good one.  You would be far better focusing on damage limitation than keep going with ideas that will only make matters worse.

Dakta

This really has to be a windup, the OP comes here for advice on their situation, refuses to directly answer multiple attempts to get information needed to provide advice, and when they do they have no real defence. The OP then starts asking about taking sick on the grounds that the moonlighting has made them fatigued, which if anything would be handing an employer all the information they need to absolutely legally watertight dismissal.

If there was any defence before, (there wasn't), there definitely isn't now.

The only thing I would normally say, and this is based on some work I've been doing on a separate grievance - because I do take an employee centric view where disciplinaries are concerned and find the employers are the ones with all the HR guidance etc, so I do feel a bit more of an advocate for employees in such situations - suspension, which I beleive the OP has been, is expected to be done with absolute care. It is (or shouldn't be) a throwaway or automatic  action when wrongdoing is investigated and needs justification in it's own right, it shouldn't be based on the magnitude of the suspicion, it should be based on being required for the suspicion to be effectively investigated. I don't know the actual work the employer does but if the nature of their work actually posed no actual risk between companies you could perhaps question it but I don't think that line would offer much value here, the companies can just let the OP go so there's ultimately no angle you can go at this. I'm surprised the company is going through the process, they must be trying to be reasonable. 

It's likely moot as a savvy employer, especially with what the OP has now said, could, and possibly should dismiss immediately to protect themselves. Even if you are getting into the ring with your employer you should not take the !!!!!!. 

What I will say is, at risk of being a bit of a hypocrite, I have done this myself in the past. I bent the rules, though I worked in two completely seperate areas (one in a steel works fabricating, and then stacking shelves on a Christmas temp night shift). Really needed the money, the whole thing did kill me and I eventually confided in a manager, rather than be punished they asked me to let one go on the grounds of my health more than anything, which I did, did regret the loss of income but you do realise it has an impact. You cannot as a human sustain it and be 100% at both. It's bad for you, it's bad for the companies - if you need to do this something else needs to change as you shouldn't have to. 





 

xyz111

i think i mixed two issues and getting blamed .. but none the less thanks for advising so far .. i will keep asking .. many thanks very informative and quick to response…thanks so far..

LightFlare

xyz111 said:

Grumpy_chap said:

xyz111 said:

. In the event of your absence for any reason you must inform your office/ departmental manager by 10am on the first day of absence with the reason for the absence. You must inform the company as soon as possible of any change in the date of your expected return to work.

. A self-certification for should be completed for absence of up to seven days. The form will be supplied to you.

. For periods of sickness of more than 7 consecutive days, including weekends, you will be required to obtain a statement of fitness ('Fit Note') / Medical Certificate and send this to you HR Manager.

. You are absent for four or more days by reason of sickness or incapacity, you are entitled to Statutory Sick Pay (SSP), provided that you have met the requirements above. For the purposes of the SSP scheme the 'qualifying days' are Monday to Friday. There is no contractual right to payment due to sickness of incapacity. Any such payments are as per sick and absence policy.

. The company may require you to undergo a medical examination by a medical practitioner nominated by us at any stage of your employment, and you are to agree to authorise such medical practitioner to prepare a medical report detailing the results of the examination, which you agree may be disclosed to the company. The company will bear the costs.

How is that relevant to the issue of being found working two full-time jobs for two companies that are competitors?

stress/ fatigue

That could be due to working 2 full time jobs simultaneously.

Hence why employers discourage it

Savvy_Sue

xyz111 said:

i think i mixed two issues and getting blamed .. but none the less thanks for advising so far .. i will keep asking .. many thanks very informative and quick to response…thanks so far..

You can, of course, keep asking, but please, if we ask a question, ANSWER IT! Don't keep asking the same question multiple times in the hope of getting the answer you want to hear. You won't ...