Work While Sick?

[gina32]

is it against the law to be off work sick but work somehwhere else?

[baza]

Are you getting sick pay from your employer ?

[Canary42]

Not against the law, but likely to get you the sack as gross misconduct

[baza]

As Canary said , you may get done for fraud.

[boxtops]

If someone's sick enough not to be in their main job, they've sick enough not to work in a second job either.

[Maydup]

Sick pay or no sick pay, you should be at work.

[hc4361]

That's not true, boxtops. A window cleaner can't work with a broken leg but he can do a sit down job

[murraymints]

if you are submitting medical certs to state you are unfit and receiving appropriate sick pay etc then it is fraud

[ummmm]

Wouldn't that depend on why they're off sick?

[murraymints]

certs declare you unfit for work..all work...

[boxtops]

Hmmm, I see what you mean, hc.

[baza]

Getting sick pay from your employer and then doing paid work for someone else amounts to fraud.

[pixie373]

It does depend what it says on the sick note. It might invalidate the insurance for your second job if it just says you aren't fit to work.

[boxtops]

Just read this on mumsnet: as hc says, if the person is partially fit, the doctor's fit note should describe that, so job 2 could be a possibility

If she is signed off sick her doctor should have completed a fit note, which should indicate that either she is not fit to do any work at all, or she is fit to do x amount/type of work. If she is fit to work one job but not another, her doctor would have indicated that on her fit note.

"If her doctor has signed her as being unfit to do any work then of course that would include both jobs. She could get into trouble at her second job for coming into work when unfit, and yes her main employer will be likely to question why she needs to be signed off from them if she is fit to work elsewhere."

[hc4361]

I think there is a big difference in having two jobs at the outset and being unfit for one job and fit enough for the other; and being off sick from your one and only job and then finding different work elsewhere.

[Peter Pedant]

well it is grounds for summary dismissal if your employer finds out

( so you can be dismissed for doing things not against the law ? - yup sure can )

If you are drawing statutory sick pay, and I was the employer I would be inclined to allege fraud....

[mrswitzend64]

Is there anything stating this in a contract of employment ? (If you have one). The contract for my company states it's gross misconduct and I have known of a lady in a different section from me being dismissed for working as a waitress whilst she was sick from her (office) job. I wouldn't image the main employer would take too kindly to it

[gina32]

its not me so i dont know what the contract says

[cassa333]

I would sack you.

[EDDIE51]

Yes.

[gina32]

cassa333, as i said its not me