How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jenny Your Own Question
Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6390
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
32019188
Type Your Law Question Here...
Jenny is online now

I am currently off work as a social worker (a year qualified)

Resolved Question:

I am currently off work as a social worker (a year qualified) in Scotland for work related stress. This is mainly due to the way the local authority has behaved during and following an investigation incident and my union are following this up for me.
I have lost complete trust in the organisation and lost a lot of confidence in myself.
I have many years pre-qualifying experience so have been taken on by an agency following a recommendation from an agency social worker who was on my team for 6 months.
I am afraid to give my months notice until this first job actually starts, but don't want to be paid twice or commit fraud.
Advice would be gratefully received.
Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Please can you explain your reluctance to give notice?

Customer:

I am afraid of being left with a gap in salary if the agency job falls through

taratill :

Ok so you are on full pay at the moment?

Customer:

Yes I think I am entitled to 3 months on full sick pay at the moment it has only been 2 weeks I have been off

Customer:

The agency job is supposed to be starting 3rd Nov but had nothing in writing yet

taratill :

Ok well so long as the minute you start your new job you resign with immediate effect you cannot be in any trouble for doing this.

taratill :

This way you will not be being paid twice or committing an act of fraud in any way.

Customer:

Ok but I have to give a months notice and they will pay me for this, so in effect I would be paid twice, once from the local authority and from the agency, is this fraud?

taratill :

Yes but you can say you resign with immediate effect, if you do this and do not work your notice you will not be entiteld to be paid for it so will not be paid twice.

taratill :

This sort of thing happens all the time.

taratill :

Hope this clears things up for you.

Customer:

Ok thank you that has put my mind at rest.

taratill :

If you have any further questions please do ask. If I have answered your question please do take the time to rate my answer. Thank you and all the best.

Jenny and other Law Specialists are ready to help you