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PostPosted: Wed Jul 01, 2020 3:04 pm 
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Our office staff have been on furlough since mid march. one of the office staff got herself another job whilst on furlough so she has been getting full pay from that job and furlough pay from us. Totally legal and we were fine with this. However we are re opening our office from today and would like her to come back to work but she still wants to keep her other job as well. She is working in a care home doing 12 hour nights and she wants to come straight off of a night shift to do a 5 hour shift in our office. We have said that this is not a realistic thing to do and after doing a 12 night shift she will be tired and more likely to make mistakes which will affect our business.
I am not sure how to deal with this because although she has only been with us for just over a year I don't think I can make her redundant and set someone else on because as far as I am aware it is the job that is made redundant and not the person.
I can't find this particular issue on any Q&A list regarding returning to work.

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PostPosted: Wed Jul 01, 2020 3:12 pm 
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I think the Government ASSUMED that once lock down was over people would return to their original jobs. I don't think any provision was made for this. I would say though that she is being unrealistic about tying both jobs in together ;BUT; I had customers before lock down who have multiple jobs and sometimes ended up doing similar hours ( 8 hours in a shop followed by 6 to 8 hours bar work).

I don't think you can refuse her coming back to work on those grounds but maybe after she tries it and realises herself that it doesn't work she might think again. I presume this will not be every day as most nursing homes (round here anyway)the night staff are often only 2 or 3 shifts a week.

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PostPosted: Wed Jul 01, 2020 3:42 pm 
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edders23 wrote:
I think the Government ASSUMED that once lock down was over people would return to their original jobs. I don't think any provision was made for this. I would say though that she is being unrealistic about tying both jobs in together ;BUT; I had customers before lock down who have multiple jobs and sometimes ended up doing similar hours ( 8 hours in a shop followed by 6 to 8 hours bar work).

I don't think you can refuse her coming back to work on those grounds but maybe after she tries it and realises herself that it doesn't work she might think again. I presume this will not be every day as most nursing homes (round here anyway)the night staff are often only 2 or 3 shifts a week.

It is 3 shifts at the moment that she works at the care home. on some days she would be working at our office until 17.00 and be at the care home for 18.00 or 19.00 to do a shift after being in our office. A mistake there could cost someone their life.

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PostPosted: Wed Jul 01, 2020 4:38 pm 
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if she wants a lot of tax to pay (who holds her tax code?) good luck to her

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PostPosted: Wed Jul 01, 2020 4:46 pm 
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Grandad wrote:
I am not sure how to deal with this because although she has only been with us for just over a year I don't think I can make her redundant and set someone else on because as far as I am aware it is the job that is made redundant and not the person.

If you want rid can't you just sack her?


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PostPosted: Wed Jul 01, 2020 6:09 pm 
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Quote:
so she has been getting full pay from that job and furlough pay from us

As a tax payer I'm not sure I'm jumping for joy over that.

Clearly if she has been working 12 hours at night she is not suitable for working another 5 hours in your office.

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PostPosted: Wed Jul 01, 2020 7:36 pm 
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StuartW wrote:
Grandad wrote:
I am not sure how to deal with this because although she has only been with us for just over a year I don't think I can make her redundant and set someone else on because as far as I am aware it is the job that is made redundant and not the person.

If you want rid can't you just sack her?

On what grounds?

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PostPosted: Wed Jul 01, 2020 7:49 pm 
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grandad wrote:
On what grounds?

Put it another way, if she was to claim unfair dismissal, how would a tribunal view someone working a twelve-hour shift in one job then putting in a shift in another job?

Does the care home know? Likewise, I suspect they'd be well within their rights to sack her.

I mean, imagine a tribunal case in the press featuring someone working in an office and then doing a 12-hour shift in a care home. Suspect it would be difficult to find anyone who would support that kind of scenario, even assuming the care home were so desparate for staff that they'd turn a blind eye to it all.


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PostPosted: Wed Jul 01, 2020 9:00 pm 
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Not a lot of difference to some in this trade TAXI/private hire,work a shift in an office,building site,drive a bus or lorry etc. then jump in a licensed passenger vehicle under the guise of being self employed.

A lot of proprietors condone this practice as they are only interested in the rental income.


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PostPosted: Wed Jul 01, 2020 9:06 pm 
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heathcote wrote:
Not a lot of difference to some in this trade TAXI/private hire,work a shift in an office,building site,drive a bus or lorry etc. then jump in a licensed passenger vehicle under the guise of being self employed.

A lot of proprietors condone this practice as they are only interested in the rental income.

Indeed, but if their taxi work was affecting their day job (because they kept falling asleep, for example) then suspect that would constitute grounds for dismissal by their daytime employer.


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PostPosted: Wed Jul 01, 2020 11:20 pm 
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There's nothing you can do except monitor her work performance.

If she starts making mistakes you then follow standard disciplinary procedures (verbal then written warnings followed by dismissal). If she was to fall asleep due to tiredness whilst manning the phones it would be for you to decide whether that constitutes gross misconduct which is grounds for instant dismissal.

Has she been provided with a contract of employment setting out what what is expected from her whilst at work and a copy of the company disciplinary procedure ? Will have a lot of bearing should a tribunal arise.


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PostPosted: Thu Jul 02, 2020 5:28 pm 
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Grandad

I guess a taxi forum isn't the best place to look for employment advice!

Here are my non-expert points.

If she is working in a care home how can she prove to you that she is not a risk to other members of your staff?

You have the right to expect her to come to work in a fit and proper condition to undertake her role. I would suggest working 17 hour days with you have hours 13-17 it is clear that she is unlikely to perform to the best of her abilities.

If she has worked for you for less than two years then you can terminate her employment, but I think she will be entitled to a week's notice. The beauty of that is that furlough will pay 80% of the notice pay.

However, have you got your eggs in line? Is you office COVID secure? Have you taken the necessary steps to ensure that your staff are safe? Deep clean, safe spaces, flexible working practices etc.

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