Off sick from NHS job but still work second retail job?

(88 Posts)
Dippiedottie Thu 05-Jul-18 11:52:18

Just that basically- if I am signed off my full time nhs job can I still work my 4 hour retail contract? I'm due back from maternity leave next week and have been signed off sick (stress of returning to work) so won't be back to my full time job but I have been working a 4 hour retail job on Sundays for past 3 months of maternity leave.
Can I continue to work here? Thanks

OP’s posts: |
wizzywig Thu 05-Jul-18 11:57:56

If youre signed off sick, is that specifically for your nhs job?

NewIdeasToday Thu 05-Jul-18 11:59:29

How can you be signed off with stress if you’re not even back at work yet. No wonder some employers think twice about employing women who might get pregnant!

Superbirdtrooperbird Thu 05-Jul-18 12:03:30

That's not particularly helpful NewIdeas and not what the OP was asking. I was signed off work while on holiday as the anxiety I felt at returning to work rendered me unable to function. You have no idea of what the NHS job entails, or why the OP feels unable to return, and what bearing that has on her being a woman, on maternity leave or otherwise is beyond me.

OP, I think if the stress is directly linked to the NHS job and your retail job is stress free and easy going, that's fine. I'd be prepared for others to say differently though.

Dippiedottie Thu 05-Jul-18 12:07:46

It's just basically unfit to work with stress. During my appointment at gp I only specifically spoke about my full time work and the stress it brings so didn't mention the other job (silly now I know) but it's stress free and actually good for my mental health I feel. I don't want to get in trouble with my full time job as obviously I do intend to return to it.

Also what a silly comment to make, newideastoday, you've no idea of my situation. Plus employers can't "think twice" about that at all by law.

OP’s posts: |
nooddsocksforme Thu 05-Jul-18 12:12:52

Did you discuss it with the Gp who provided the sick note ? They may be unhappy if the parameters of your sick leave are not clear .

Messex Thu 05-Jul-18 12:14:04

It depends on your NHS contract and the policies your employer has - ours state we are not allowed to work elsewhere when we are ill.

Spongblobsparepants Thu 05-Jul-18 12:16:54

Is your employer claiming and paying SSP on your behalf? If you're working your retail job while they are doing so, wouldn't it be benefit fraud?

PeterPiperPickedSeaShells Thu 05-Jul-18 12:17:53

I'm fairly sure that working another job would be a breach of your contract - it certainly has been in every NHS trust I've worked in. You could lose your job

PotteringAlong Thu 05-Jul-18 12:21:32

You cannot work and claim maternity pay, even in a different job, so I’m fairly sure you’ve committed fraud anyway.

Dippiedottie Thu 05-Jul-18 12:23:22

I've been working in my unpaid period of
Maternity leave which is allowed thank you very much.

OP’s posts: |
DianaT1969 Thu 05-Jul-18 12:23:58

Shouldn't you apply for a less stressful position within the NHS? It doesn't sound as if this is the job for you. Presumably the team at your old job need a functioning member of staff and will cooperate in facilitating a transfer?

PotteringAlong Thu 05-Jul-18 12:24:48

However, in answer to the original question, you can be deemed unfit to work in one job but fit to work in another, depending on the nature of the job (for example you’ve broken your leg which means you’re unfit to be a swimming lifeguard but you also work for 4 hours in an office for a different organisation and you can do that).

But, you need to check your contract. If it forbids other employment then you could be in trouble.

Toddlerteaplease Thu 05-Jul-18 12:29:12

One of my former colleagues was sacked and disciplined by the NMC for being signed off with stress from her main job but still working for an agency.

eggcellent Thu 05-Jul-18 12:29:43

Seems a bit off to me.

Namechange128 Thu 05-Jul-18 12:30:47

Just because they're not paying you doesn't mean you get to work somewhere else. Were you employed in this retail job in the 15th week before your due date? More importantly, had you cleared this with your trust first? If not you're on shaky legal ground. Were you really being 'silly' not to mention this other job to your GP or did you know full well it sounds dodgy as well as almost certainly breaking your contract.

Agree with others that this situation all sounds a bit ridiculous and exactly the kind of thing that unfortunately puts people off employing pregnant women (not to mention that NHS resources are stretched enough without people going off on stress leave while working in retail).

If there's a big backstory to this then it's probably worth mentioning here, as otherwise i imagine sympathy from other posters is also going to be pretty limited.

Dippiedottie Thu 05-Jul-18 12:36:33

I'm happy to go off sick of my retail job but I honestly feel like I am ok to work it. I went to gp wih severe stress and anxiety returning to full time stressful job with young children at home. I honestly just didn't factor in the other job as it's more enjoyable than a job for me, wish this could be the same for my main job.
I don't want to commit any fraud particular as the job I am in means I must uphold specific personal and professional values and I wouldn't jeopardise this.
Nothing more to it than legitimately asking if I can continue with a 4 hour job I enjoy while feeling not fit to return to a full time stressful job.

OP’s posts: |
Dippiedottie Thu 05-Jul-18 12:37:27

With regards to my retail job, I made sure I was in my unpaid period of maternity leave before starting it and declared to it my employer.

OP’s posts: |
charlestonchaplin Thu 05-Jul-18 12:48:20

But what is the plan going forwards? Is there a problem with the job/employer that is being fixed, a problem with you that is being fixed or just a fundamental mismatch between you and the job? That would mean you need to find a new job, maybe retail. It just sounds like you're stringing out the paid no-work situation for as long as you can rather than trying to find a solution. It's true, I don't know all the details, but that's what it sounds like, and I'm sure it's not unheard of for people to do just that.

Dippiedottie Thu 05-Jul-18 12:53:29

I requested a career break for a year to work at this retail job full time but it was turned down. Therefore my plan is to return to normal job once I'm ready

OP’s posts: |
GreenMeerkat Thu 05-Jul-18 12:54:57

I can understand how one job would cause you stress and not the other. Some jobs are highly pressured and stressful, others less so. However, from an employers point of view this could be tricky, I assume you are under a sickness review at NHS? If they know you are working another job it is unlikely they will see this the same way you or I do, and likely to use it against you if there was any kind of review of your position and fitness for work.

AnchorDownDeepBreath Thu 05-Jul-18 12:55:40

You can, in some cases - like someone above said, if a physical injury meant you could do one and not the other, there'd be no question.

I think you'd walk a fine line in your situation, so I wouldn't; given what you've said about your profession.

Dippiedottie Thu 05-Jul-18 13:00:45

Thanks for your help everyone. I was asking a serious question that I couldn't find an answer to online or in my work contract but I feel like a lot of you think I'm trying to fraud the system which is not the case.

OP’s posts: |
Iamtryingtobenicehere Thu 05-Jul-18 13:03:09

My way of looking at this’re either sick, too sick to work so signed off. Or you’re well, well enough for one job, you’re well enough for both.

If I found out I was busting a gut to cover a ‘sick’ colleague who was well enough to work her other job, I would be fuming.

traceyturnblatt Thu 05-Jul-18 13:05:16

As far as I'm aware if you're signed off work (be it NHS, Tesco or otherwise) you are signed off from ALL work.

I believe that it would be consider a breach of contract to work for one and not the other and could land you in hot water OP.

Especially if you are under the NMC or similar.

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