Working second job while off sick from main job

[EasterBenny]

That's it really - is it appropriate to work your second job while being off sick (stress related) from your main full time job?

Best friend is in this situation, I don't want to stress her out more my bringing it up, but I'm worried that if her main employer finds out (and it would be pretty easy for them to, to be honest) that she'll be in trouble.

[MissKeithLemon]

Just read through thread again to make sure its not just me being an arse. Its not. Some of the information provided by other posters was, at best, inaccurate. Including information from flowery.

I may have been a bit off with flowery earlier on, and apologised to her for this.

She accepted the apology and then was rude straight back to me. So yes, I may have then again been rather blunt with my postings. So what?

She asked me some points, which I have answered. Some of which had already been answered upthread.

dontcallmehon you may want to post that on a new thread if it is a genuine question you need answering. Or of course you could read this thread and see my post at 16.45 ish.

s all round to the latest batch of mn mates posters.

I'm out of this now. We'll have to disagree. The OP came back and said thank you. It was her I was helping with my postings.

[Northey]

Just read through thread again to make sure its not just me being an arse. Its not.

Whoever else you might think was being one, it certainly wasn't flowery.

I speak as someone who has never so much as posted on the same thread as her, so certainly not a mate, but a long term admirer of her calm, clear and authoritative advice.

[KatieMiddleton]

I posted because I agreed with Flowery. Not because I know her.

I wasn't going to say anything on the thread at all - Flowery and others had it under control - but I wanted to add my support in the face of some crushing rudeness.

I can only think you must be reading a different thread MissKeithLemon because even your basic recollection of what has and has not been posted on this thread is contradicted... by the actual words on the thread! However, I'm not really bothered what you think. Anyone with eyes can see what has been posted and make up their own mind.

[hermioneweasley]

I also agree with flowery and Katie. I'll hand in my employment tribunal judge badge on the way out.

[Staryeyed]

Not a mate I- doubt she knows who I am. Just wanted to let her know that she is appreciated.

[dontcallmehon]

It was a genuine question (not sure why it wouldn't be). Read the post of 16.45 which I take to mean that I would be ok to carry on with my self employed work. Thank you.

[KatieMiddleton]

dontcallmehon you would be well advised to read the rest of the thread. In your particular situation it would depend on the type of work that you do for each job, how it differs and what your physicians indicate you can and cannot do.

But it is a good idea to start a new thread with your specific situation.

[mamasin]

Am disappointed at the crushing rudeness shown here to Flowery, who has always generously given her time and her valuable considered opinion to help others. I've enjoyed reading her advice here and think often of what she says when in a quandary . I should say that I suspect I am just one of many, many people that she has helped on this forum. Flowery advised me some years ago at huge inconvenience to herself and was incredibly supportive. I have never forgotten that. I hope that Flowery won't allow a thread like this to put her off the really fantastic work that is done here...

[missingmumxox]

I actually read through and realised it was from me, this started, I did say she gave good advice but in the same breath, I said I didn't know if she was in this and my refusal to engage further in another threat, so I don't think I was rude but I wasn't engaging I was I suppose trying to help the other poster, be more confident, flowery is very good and as a HR person she shows that and I do think she should be out and proud on this, she really gets that people do have problems and not all HR are bastards, as employees seem to think, I actually find the HR I work with are a lovely, they just have a job which some think makes them shits and they realy arn't,
flower this person is excellent and the course fees are I think not too bad, I promise I am not known to her for affiated to the company But I have heard her talk a least 4 times and she is very good and down to earth.
www.atworkpartnership.co.uk/conferences/cert_occupational_health_law/Cert_OHLAW_mayjun2012.pdf

[StealthPolarBear]

that makes no sense!

[Rclement90]

How will the employer found out though if I've been working somewhere else while being off sick from another job

[irish33]

I am currently unwell from my main job other is few hrs and far less demanding would I be able continue this job while off sick from main?

[Angela1970]

I was adviced from my main job due to my epilepsy until i see the works occupational doctor but feel fit enough to go back to work but cant i have signed up to do bank shifts as my sick pay i cant live of and dont get any other benefits is this illegal to do the odd shift maybe one per week whilst off sick from main employer

[Toddlerteaplease]

I know someone that did this and was sacked for fraud by our employer and disciplined by the NMC.

[worridmum]

Isn't it also effected if a company pays more than SSP? (I am not a employment lawyer but i had work colleagues that are) Mentioned that they had to defend someone that had taken sick pay from one employer (it was full pay apparently) but was working at another job and was summery fired for gross misconduct because of fraud (both jobs were basically the same thing so that might be were the problem was i don't know what the OP second job is).

And she lost at the tribunal as the company was within there rights to fire in that situation.

[user1471524268]

Zombie thread...

[StealthPolarBear]

Let's not bring this thread back

[daisychain01]

The peripheral discussion (the zombie part of the thread) is not in the spirit of what this employment issues board is for, to give help and support - I found it uncomfortable reading, and a good reason why Zombie posts are sometimes best zapped.

[BakedBeans47]

It’s not possible to say for sure on the information given. It may be possible that she is unfit for whatever reason to do one job, but fit to do the other. It really depends on the facts.

[MsHerbal]

I have reviewed this post and found that MissKeithLemon is actually correct.

A person can be fit for one job and unfit for another under 3 conditions:

1. nature of sickness eg. if work related stress due to main job that has no relation to other job then the person is not doing anything wrong and is fit to perform their other job which is not the cause of their work related stress.
2. as long as contracts are not with the same employer or different employers trading in association, therefore 2 distinct contracts. Eg. NHS contracts and NHSP shift contracts (substantive member) although different companies they are trading in association, so if signed off in the NHS job automatically you will be signed off in the NHSP job if the employee is a substantive member. If not substantive member then under this condition it would be different companies trading in association as an employee can have NHS contract with one hospital and a distinct contract with NHSP which allows work in any other NHS hospital.
3. as long as there is no overlap with the two work hours of both jobs, so the person was not paid twice for the same work hours. In this situation no fraud is committed.

Eg. A person can be in the same field and do two jobs in the same field but with no overlap of hours. If this person has work related stress in one job due to abuse/assault, discrimination, harrassment and victimisation that is reported to the employer and the employer fail to take the necessary steps to solve this work related issue and consequently the worker is signed off for work related stress due to this and they perform their second job which is not the cause of their work related stress then the employer will not win their case against this employee, as their work related stress was not of the employee's own doing but by the employer. The employer has a duty of care to provide a safe working environment for the employee. Failure to do this further implies beach of trust and confidence. If the employer tries to punish the employee in this situation then the employee is highly likely to win their case in an Employment Tribunal.

[LAlexander7]

What does your friends contract of employment say about second jobs?

[daisychain01]

@MsHerbal

I have reviewed this post and found that MissKeithLemon is actually correct.

A person can be fit for one job and unfit for another under 3 conditions:

1. nature of sickness eg. if work related stress due to main job that has no relation to other job then the person is not doing anything wrong and is fit to perform their other job which is not the cause of their work related stress.
2. as long as contracts are not with the same employer or different employers trading in association, therefore 2 distinct contracts. Eg. NHS contracts and NHSP shift contracts (substantive member) although different companies they are trading in association, so if signed off in the NHS job automatically you will be signed off in the NHSP job if the employee is a substantive member. If not substantive member then under this condition it would be different companies trading in association as an employee can have NHS contract with one hospital and a distinct contract with NHSP which allows work in any other NHS hospital.
3. as long as there is no overlap with the two work hours of both jobs, so the person was not paid twice for the same work hours. In this situation no fraud is committed.

Eg. A person can be in the same field and do two jobs in the same field but with no overlap of hours. If this person has work related stress in one job due to abuse/assault, discrimination, harrassment and victimisation that is reported to the employer and the employer fail to take the necessary steps to solve this work related issue and consequently the worker is signed off for work related stress due to this and they perform their second job which is not the cause of their work related stress then the employer will not win their case against this employee, as their work related stress was not of the employee's own doing but by the employer. The employer has a duty of care to provide a safe working environment for the employee. Failure to do this further implies beach of trust and confidence. If the employer tries to punish the employee in this situation then the employee is highly likely to win their case in an Employment Tribunal.

@MsHerbal
@LAlexander7

Please read the dates of this thread!

It's a Zombie thread from 8 years ago, I doubt the OPs friend is going to be helped by the information after all that time.

[MsHerbal]

You do not need to exclaim or shout at me please read dates! Its obvious I am educated and can read thank you. I choose to make a post despite the date 2012. That is my choice. You have a choice, you do not have to read a post on a conversation 8 years ago. Why does a post on a conversation 8 years ago irritate you so much that you had to reply shouting at me?My post is general and is not a reply to any specific person in the conversation including yourself. Next time please do not target persons shouting at them, please keep your comments general and my post is general so who finds it helpful great. Be safe and enjoy the rest of your day.

[MsHerbal]

Within the context I describe above, if employment contract allows second job with no clause or policy to prevent other work while signed off for any sickness with them then they will not have a case against the employer. However, if contract specifically says you must declare in writing second job and seek permission or if it says you cannot do second job or if the employer has proof that all employee know of policy regarding second job such as signature to reading policy etc then if the employee goes against this the employer would have a case against the employee.