my daughter works in 2 residential homes, she has been struggling as she is suffering bi polar disorder, she works 2 sleepover shifts in one home, wich is just to bump her income up.the other day she did her sleepover and called in sick to her other job the following morning,which is council run,and they paid her sick pay.she had a meeting today from her main job to say that if they find out that she worked a nightshift and then called in sick she could face instant dismissal,and it would get taken further as she had commited fraud.can they do that.i know she was ill on the day,and she hadnt called in sick from the council job to work at the other home.
she told them she hadnt worked the night previouse as she panicked,she told me she didnt know she had done anything wrong .it doesnt say in her contract that she isnt allowed to work elsewhere.where would she stand,she would rather give the sleep ins up rather than lose her main job
2006-09-25 12:15:01 · 8 answers · asked by tracej34 2 in Business & Finance ➔ Careers & Employment
first instant dismissal for being sick without going through the disciplinary process would be an unfair dismissal. what they are saying is that she was not sick and fraudulently claimed sick pay from the company. what she did the previous night is not relevent to this case unless she has done this before and been given warnings. at the next meeting ask the company to produce evidence that she was not sick to justify their claim of fraud.their producing evidence that she worked somewhere else the night before is not evidence that she was not sick. how many times have you been ok the previous night and got up in the morning and felt really bad. its quite simple she worked the night before and in the morning felt ill so went home to bed. how can they possibly dispute this with a claim of fraud. at worst i would expect her to recieve a warning
2006-09-25 12:53:40 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I am afraid that there are H&S laws that a person cannot work more than 1 shift without an 8 hr break in between. It is a bit of a grey area when working two separate jobs, but unfortunately anything council run from my experience have a tendency to be completely anal when it comes to rules.
Advice would be to politely leave the weekend job, she will be under scrutiny for a while.
Do her job well, not late etc and after a few weeks approach the manager and see if she can do any extra shifts in her main job.
Oh and book a holiday, put her feet up and enjoy a margherita!
2006-09-25 19:55:20 · answer #2 · answered by canaries 2 · 0⤊ 0⤋
If her employer has a problem then they should go through a grievence procedure before sacking some one. Instant dismissal can only be used for gross industrial misconsuct. I can't see any fraud being committed here. unless there is something in the contract of employment saying she cannot do two similar jobs at the same time.
This is assuming she has been in continuous employment for at least a year.
You have to be mindful of the fact that a lot of managers think they know about the law when they havn't got a clue. They just assume a worker will believe them because they are the boss.
Good luck
2006-09-25 19:43:51 · answer #3 · answered by LYN W 5 · 0⤊ 0⤋
Just because she worked the night before, she can get sick in the morning. It just happens, if she was really sick, then so be it.
Unfortunately she didn't go to a doctor and therefore doesn't have any proof that she was really sick, however most of us get sick and feel like crap and the next day its gone. They should not be able to fire her. I imagine since you talked about council run, you're in the UK? But it really doesn't matter where you live there's got to be a Labour Board or Human Resources Board where you can complain too should she get fired. She has rights.
Anyway I hope it works out. Good Luck!
2006-09-25 19:27:41 · answer #4 · answered by Mightymo 6 · 0⤊ 0⤋
if your daughter did nothing wrong she has nothing to worry about. When calling in sick...always cover your hiney with a note from the DR. A bit of trouble but worth it for proof you were sick.
The company your daughter works for may have a policy that states something about working another JOB that interferes with JOB preformances.
Your daughter really needs to be careful with her work and over work! STRESS creates BI=polar outbreaks!!!
2006-09-25 19:26:59 · answer #5 · answered by aunt_beeaa 5 · 0⤊ 0⤋
Unfortunatley it is not viable for here her to work a night shift then go onto a day shift. Health and safety laws will not allow it.
I guess if they sack her for the wrong reason then she could have a case.
But I guess it wouldn't get that far.
2006-09-25 19:25:06 · answer #6 · answered by David T 3 · 0⤊ 0⤋
Ring ACAS,you will get the phone number from your local job centre,you dont have to give your name and they will answer this for you,do it asap and put your daughters mind at rest,there very helpfull.
2006-09-25 19:41:59 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Your wrong... she can do as she likes in her own time, but if it affects her ability to do her job then her employer is correct to question it... And, sick means sick, not tired.... i think she has been a bit silly..
2006-09-25 19:24:53 · answer #8 · answered by engineer 4 · 1⤊ 0⤋