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Working elsewhere?

10 replies

Cutemob · 16/03/2022 15:49

Long-ish story so I'll try to stick to the salient points.
I am currently signed off sick with stress after being bullied out of my job. I handed in my notice a short while ago, and don't plan to set foot in there again as just can't face the colleagues/manager after the way I was treated. I took legal advice about constructive dismissal and I think I would have a good chance at tribunal but have dropped it as really stressed at the prospect of it all dragging on.
I have a long notice period and unfortunately am now on reduced pay due to sickness policy, so now losing out financially. I'm currently looking for another permanent job but worrying about my sick record and references. I have been offered some non-contract occasional temp work with no questions asked with a different company, and this would be great to get my confidence up and give me an alternative reference.
I dont want to negotiate out of my 3 month notice period as I need the security of that money coming in, but I don't know how I stand legally/contractually with working for a competitor whilst off sick on notice period.
I read a similar situation on here where someone had said depending on the reasons you are off sick it is okay to work elsewhere... I wondered if anyone has experience of this.
Am prepared to be flamed as I can see that some would find this morally objectionable but given that I was bullied out of the job and just trying to help myself secure another position elsewhere, I'm not sure my stbx employers would have the moral high ground here, but would they have the legal one if I were to be found out? (small industry and people may talk)
Thanks

OP posts:
nearlyspringyay · 16/03/2022 16:15

You can't work elsewhere whilst on notice.

nearlyspringyay · 16/03/2022 16:15

You can't work elsewhere whilst on notice.

NotRainingToday · 16/03/2022 16:38

Would you be able to do freelance work if you were working out your notice (or if you weren't in your notice period)? If so, then I don't think it's legally different that you're in your notice period. However, if it's a flat 'no' then I think that would still apply.

Have a look at your contract and see what it says.

juneybean · 16/03/2022 16:39

It really depends on your contract, whether you have a non-compete clause?

juneybean · 16/03/2022 16:40

You can definitely work elsewhere when off sick though, like you say, it really depends on why you're off sick. If you were saying you had a broken arm, it'd be a bit suspish if you were stacking shelves at Asda for your second job.

flowery · 18/03/2022 07:52

What does “non-contract no questions asked” mean?

Taking a job elsewhere during your normal working hours whilst receiving sick pay from your current employer would almost certainly be a breach of your contract with them.

SundayTeatime · 18/03/2022 08:00

If you were originally working two jobs, you can be sick from one but still work the other. But that’s not the case here. If you work for another company, you could be sacked.

WeAreTheHeroes · 18/03/2022 08:02

Surely it depends what your contract states re: other jobs?

SundayTeatime · 18/03/2022 08:05

You definitely won’t be able to work a job in the same hours that you currently work while off sick.

ChoiceMummy · 18/03/2022 08:07

Depends on the hours, if they coincide with first so you wouldn't have been able to do both simultaneously normally then no.
Likewise depends on contract.
Why haven't you pursued a compromise agreement and payment?

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