Employee off sick but possibly taking the p*ss

[SoldiersinPetticoats]

I have a small retail business, I employ 3 people on a part-time basis. One employee who gave notice at the beginning of the week citing anxiety issues. He was in a bit of a state when he came in and sent him home as the poor thing was terribly upset and unable to work in a customer facing role. I subsequently contacted him to see if he was ok and ask him is he was taking the week off sick which he confirmed. He also intimated he may be off for the entire notice period. I understood and explained SSP/the sick note procedure.

Since then this persons social media has been filled with Xmas social events and they are obviously working at their other part-time job. And I'm feeling pretty miffed as it looks like they have just spun me a load of lies.
So where does this leave me as an employer? Are these grounds for dismissal? It's going to cause me no end of grief to have to change the rotas at this point before Xmas so I'd like to know where I stand with this employee before I start upsetting the other staff by getting them to cover the leavers shifts.
Thanks in advance.

The social activities are none of your business, however if he's working while signed off that should be gross misconduct/fraud and a sack-able offence but you need a policy stating this. Maybe try Acas for advice tomorrow.

I don't know, legally, what them working at their other job means for them if they're signed off.

I do know, as someone with anxiety issues, that we don't tend to broadcast our problems on social media. Appearing to be fine on social media is not the same as actually being fine. If my boss had looked at my social media to see if I really had anxiety, not only would they not find anything, because I don't post about it- I would find it creepy and intrusive.

Not saying, however, that him working at another job might not give you a reason if he's signed off.
I'd wait until he actually tries to take off the notice period before trying to fire them, seeing as they haven't actually done that yet.

It depends on the reason why you are signed off whether it applies to one job or both.
Say he had broken leg, and one job was a postman, requiring walking, and one job involved sitting at a desk. It is quite possible to be unfit for job 1, whilst fit for job2.

So, is the anxiety triggered by something specific to the job with you that isnt relevent for the second job?

He has handed in his notice. Is a dismissal worth it? I'm not sure you can rearrange the shifts further than the length of his fit note- what happens if he actually wants to come back in a week, and there are no shifts left?

I'm not really that intersted in what he does in his social life as I understand that anxiety will not necessarily show up. (and I didn't stalk him, we just follow each other on social media so the posts came up naturally).

I'm a tiny business. I don't have any policies in place that cover this. I am away after Christmas which is why I want to get this sorted now. I can't rearrange rotas from a thousand miles away on a family holiday.

”Are these grounds for dismissal?” But he’s leaving anyway?

”It's going to cause me no end of grief to have to change the rotas at this point before Xmas so I'd like to know where I stand with this employee before I start upsetting the other staff by getting them to cover the leavers shifts.”

But if you sack him the same would apply. If he’s not fit to work his doctor will sign him off. You can’t drag him in to work his notice period if he doesn’t want to.

You can be unfit to work one job and perfectly okay to work another.

However if he's handed in his notice and gone off sick, just assume he won't be back and plan the rotas as if he's not there.

He has given his notice and is leaving.
If he provides a doctor's sick note then you can not act.
Probably cheaper to pay SSP.
Any reference can reflect his sickness record.
Treat him as not coming back and cover would be my advice