Starting new job while on sick leave on previous job on notice period?

(9 Posts)
Conquertogether Mon 25-May-20 20:16:54

I handed in my notice on my current employment due to work related stress and following a very frightening incident. I have been on sick leave through notice period due to work related stress and will do so for the remaining 3 weeks of my notice. During this time off I am much better as I know i will not be returning to this toxic work environment. I have been offered a new role in an unrelated field (health) and will not be subjected to the stresses and dangers I was in previous role. They are booking me in for shifts on weekends (my current employment is weekdays 9-5). If I went ahead I would do so only if my GP gave me the go-ahead that I was fit to start new role (and there is no reason why they should say I am not).

However, where does this leave me with my current employer? I am effectively off sick for job 1 until my notice period ends. I requested they allow me to reduce my notice period and leave early and they refused as they can't employ anyone. The hours I would work for new job would only be around 10 on weekends for the next two weekends. I would not take up the weekday and full time shifts until my contract with original employer ended.

Is this ok/legal?

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BernadetteRostankowskiWolowitz Mon 25-May-20 20:20:08

It's my understanding that you can still work for Job2 while on sick leave for Job1 as long as the two jobs are different types.

E.g. sick leave from a manual job because of physical reason in Job1 means you can still work the desk job of Job2. However if Job2 was another manual job, this wouldn't be allowed.

How similar are the roles?

Hoppinggreen Mon 25-May-20 20:23:23

What does your contract with job 1 say?

OhTheRoses Mon 25-May-20 20:28:01

Is there an exclusivity clause in your contract.

Good luck with your reference.

What's your entitlement to sick pay? I am not sure your existing eployer can claim SSP if you are working elsewhere.

Tread carefully OP. Have you been totally honest with your existing employer. Can't think why they would continue paying you to be on the sick if you have said you wish to go and want to be back.

Conquertogether Mon 25-May-20 20:43:58

They are very different jobs.

My contract says that I must seek consent (or something) of Executive Head for a second job. I'm happy to do this (no idea who the executive head is and not heard of that role before), however its only a couple of weeks left. I work for a local authority, to get a decision on anything takes feckin years and can't see them being helpful as they want me to stay.. serious recruitment problem.... super stressful shit job in one of the worst repuationed LA's.

Ohtheroses..... I already have my very good reference thank you and unsure what you are talking about saying have I been honest with my employer... yes, I gave them my 3 months notice due to work related stress, they want me to reconsider, I said no. I asked for reduction in notice period.. they said no. They will continue to pay my sick pay as they are contractually obliged to do so!

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Protectivebigsis Mon 25-May-20 20:44:16

I know someone that got fired from job 2 after the new company found out that they were still employed in job 1 when they started. The person hadn’t declared it to job 2 at all and was fired because of breach of trust. They were similar jobs though, and I’m not sure of the legal position.

Also if the GP signs you off as ok to work for job 2, would this not mean that you are ok to work at job 1?

If I were you I’d just wait to start the new job once you are out of notice. That way you have no concerns.

Conquertogether Mon 25-May-20 21:00:23

Job 2 is bank work and most people are doing it as a second job and have main employment elsewhere. I have not been untruthful anywhere in my application where i stated i was currently employed as x in x local authority

I would prefer to wait til end notice but job 1 are making me repay my rentention payment - fair enough - so i'm going to be struggling finanically massively

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Conquertogether Tue 26-May-20 08:13:03

Sits patiently hoping Flowery may pop by.... flowers flowers flowers

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InFiveMins Tue 26-May-20 08:24:13

I would email your current employer and explain the situation to them and again request that they let you go now rather than in 3 weeks time. If they don't agree, could you not just quit with immediate effect? What are the chances they would bother going to the time and effort to sue you?

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