Training for new job while on sick leave from another?

[Imoutahere]

I was hoping someone could give me advice on this or advise me on where I can find this info.

I've been looking for a new job for a long time due to my company treating me badly and a few other reasons.

I am absolutely miserable and I need out. I'm currently on sick leave as the stress is crippling. A job has came up that is completely different to my current employment but it seems perfect for me. I've been invited for a second interview and even though it's a completely different industry to what I'm in now, I think I really stand a good chance of getting it.

The new job has a long induction-training programme. I'm a little nervous incase I make this massive career move and I don't like it or it isn't for me.

Would it be illegal for me to train for this new job while still employed by my old company and on sick leave?

I was thinking if I stay on sick leave and decide I do like it, I can hand in my notice as I'm nearing the end of the training. If I don't like it I'm still employed and I don't loose anything.

I don't want to cause myself any problems but if it's not illegal then I think it's a good plan? Am I mad?

Presumably you’ll be getting paid while doing the long induction training programme with the new job?
are you being paid statutory sick pay or enhanced sick pay with your current employer?
won’t the new employer want a reference from your current employer?

no I don’t think this is a good idea at all.

I strongly suspect your current employment contract will have some wording around second jobs and the fact you need permission. If so you could be liable to pay a remedy to the employer for breach of contract. This would be a civil law matter. What that would be really depends on a lot of things including your companies appetite to make an example of you. But as pp said you’d probably not get a glowing reference and they may dismiss you for gross misconduct which they would disclose to your new employer.

Are you receiving sick pay? If so if it’s enhanced or statutory even if the company claims and then pays you, then I’m pretty certain you would be obtaining this fraudulently and again there maybe action against you. This I believe could be a criminal matter and much more serious. There could be an argument that your sickness doesn’t stop you from doing this other job though. Hard to know how you’d be able to defend it without knowing the full facts.

If you are not receiving any sick pay (or benefits from current employer) and the contract doesn’t prohibit you from having another job the risk of any legal
action over and above they may decide to try to get rid of you if the found out then you can take the risk.

If you are on sick leave as have a sick note from your doctor, I believe you can't legally be at work.

This is not true. If, for example, you have two jobs, you may have a health problem that stops you from doing one of your jobs but isn't a problem for the other. In that situation, you can be signed off sick from one job but continue working in the other.

However, that doesn't mean OP should do as she proposes. It may put her in breach of contract with her current employer.

Surely the new employee will want some form of reference from the current employer, which can only raise red flags?

For all the reasons above I don't recommend the OP's proposed action.

If the current employer were OK with it and saw it as a means of losing you without any ill will either way then fine.

But not otherwise.

Personally I wouldn’t employ someone who was currently on sick leave.

Secondly if I found out they were keeping their options open to see if the job fit before leaving their old one I would get rid of them without a second thought.

And lastly if I was the old employer and I found out that one of my staff was off sick while training for a new job before handing in their notice I would A, warn the new employer, and B, dismiss the employee for gross misconduct.

Added to which your tax and national insurance contributions will give away that you’re working for two companies at the same time.

Exactly, not illegal but gross misconduct.

I think the phrase "Not illegal but unwise" covers most of this.

I expect your biggest issues will be your current employer sacking you for gross misconduct (and informing your new employer of this, who may withdraw their job offer), and your current employer taking you to court to claim back sick pay if you are infact well enough to complete some/all of your duties.

Yes I'm on ssp. My company don't offer enhanced sick pay.

I will be getting paid for my induction too. Do you think would cause me some problems? I'm not sure what the right thing to do is.

I haven't thought of the referencing. This is a good point

For all the reasons mentioned above - yes of course it would. This is a very very risky idea. You will be found out and out of both jobs.

The right thing to do is to either quit your current job and start the new one, or alternatively not take up the new job and go back to work at your old company.

TBH getting another job, starting training and essentially keeping your options open by A, staying on the books with your current employer, and B, being off sick is majorly taking the piss.

You run the risk of making yourself unemployable that way.

This would be gross misconduct where I work.

The right thing is to resign and then start the new job. You can’t hedge your bets like this! Sorry.

Thanks for all the advice. Point taken and I will hand in my notice if I'm offered the new position.

It's a daunting process as I've been with my current employer for a long time. I've never been in a position where this has been an issue so it's not something I've ever had to deal with.