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Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Sorry to hear this has happened.
There are remedies to this, if you really want to go to all the bother of pursuing them.
1. Bring a claim for breach of contract.
2. Obtain an injunction forcing the employee to remain on garden leave until the notice period is served.
3. If the employee has a new job, then obtain an injunction preventing the employee from working elsewhere for the notice period.
However, many employers would simply just let the employee go and put their efforts in to the business rather than pursuing the employee. After all, they could easily turn round and throw a sick note at you claiming stress.
I fully understand how you feel, you do your best by the employees but they treat you basically with contempt.
As advised the options above do apply, you could send her a warning letter that if she fails to follow the conditions of her contract then you would take action against her, but as advised, she is just as likely to go off sick for the notice period leaving to to pay SSP.
Can I assist or clarify anything further?
An employee can claim sick pay from one job whilst continuing to work for another employer. This will only cause a problem if the employee is not medically unfit for their first job and/or they carry on their second job in the hours they would have otherwise been working for the first employer
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