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Can I work in a second job if signed off sick from one?

116 replies

tweedycoat · 05/10/2020 11:25

I wouldn’t be working the same hours as in job no1. It would be weekends/evenings. Any advice?

OP posts:
NoSquirrels · 05/10/2020 11:26

Check your employment contract. If I were employer 1 I would take a dim view of this, unless there are some major extenuating circumstances.

FlitterMouse · 05/10/2020 11:28

Whats the job. If youre off sick are you well enough to be working. Are you being paid sick leave.

tweedycoat · 05/10/2020 11:29

I know squirrels, I wouldn’t advertise it of course. It’s just it would make a huge difference to me financially.

Yes I am being paid sick leave.

OP posts:
Feminist10101 · 05/10/2020 11:29

Not usually. Would be a rare employment contract that allowed it without needing permission.

AltoCation · 05/10/2020 11:29

Surely if you are sick you are sick Confused

Unless you have broken your ankle and can work from home sitting down and the other job is outward bound leader or scaffolder or nurse.

AltoCation · 05/10/2020 11:31

If sick pay (SSP) shows up on your pay packet to the employers HMRC return, won't it be linked to your NI number for the other job?

(I do not do payroll etc so do not know the answer to this)

LizzyBennett · 05/10/2020 11:32

Your note should say 'You are not fit for work ' or that you need modifications.

If it says not fit for work then no you can't

If you need modifications which 1 job has provided but the other hasn't, then it's different.

Your contract should say. Mine classes working for a different employer while on sick leave as gross misconduct and I'd be sacked

Frazzled13 · 05/10/2020 11:32

Generally I’d say no, but does it depend on the reason for being signed of sick, and the type of work involved? For example if you have one job that is very physical and requires walking lots and you’ve broken your leg, you can’t do it. But if your second job can be done sitting at home, that’s a different scenario and you probably could do that. You’re fit to work at one but not the other.
But that’s a fairly specific situation.

FlitterMouse · 05/10/2020 11:33

Depends on what both the job are and why you are off sick. It will affect your tax too.

NoSquirrels · 05/10/2020 11:33

I think there might be specific extenuating circumstances where an employer might be OK with this e.g. long-time loyal employee off sick due to physical inability to do role e.g. factory work and can pick up tele-comms shifts whilst their injury heals...

But most places are not going to be happy about this and if you’re found out (& you will be probably via PAYE tax codes) then you’ll be in big trouble.

How long are you likely to be off sick for?

VictoriaBun · 05/10/2020 11:35

No as it says from the Dr you are unfit for work until such date noted. TBF , I think it would be taking the piss to be off sick for one, but well enough for the other.

Rainbowshine · 05/10/2020 11:36

There was a case where an executive board member was off with stress and she continued to work as a yoga instructor whilst off sick. Tribunal ruled in her favour as the yoga was part of her recovery/stress relief. If the two jobs are similar then no, you’re off for both. It really depends on the circumstances.

daisychain01 · 05/10/2020 11:36

OP, irrespective of what your contract states (and that is what you need to check, as a priority), you need to think about how it would look if someone from your "sick leave employer" were to notice you working in your second job (if it's possible for that to happen). How would you explain your ability to work in that 2nd job, can you fully justify yourself.

It isn't the point to come on here to seek MNs 'permission', we are not your employer. We don't have the power to put you on disciplinary for it (if your contract mentions doing other work while on sick leave.). Think carefully before jeopardising your employment.

Hopefully you get well soon.

Tootletum · 05/10/2020 11:38

No, that would not be a good idea.

gubbbbbddaaaa · 05/10/2020 11:40

How weird .. if you are sick you are sick , if you are well enough to work you are well enough to work!! Simple isn't it!!
You may get sacked from your first job surely if you do this??

Crinkledbeetroot · 05/10/2020 11:41

Not if they're similar jobs. I sacked an employee who did this. It was gross misconduct.

tweedycoat · 05/10/2020 11:42

@gubbbbbddaaaa

How weird .. if you are sick you are sick , if you are well enough to work you are well enough to work!! Simple isn't it!! You may get sacked from your first job surely if you do this??
Not quite that straightforward.

If you have flu yes.

Say you have job 1 and that is office based you could do that with a broken leg. Job 2 is a dancer in a bar, you couldn’t do that then, could you? (I’m not being difficult just explaining something situations where it might be the case that you can be signed off but able to work in a different job.)

OP posts:
Malin52 · 05/10/2020 11:43

I'm trying hard to imagine any situation when this would be acceptable.

Off sick from job as long distance runner but continue job web-designing?

Off sick from lead at Royal Ballet but continue job as Dictionary writer?

Maybe.

TitianaTitsling · 05/10/2020 11:45

Could you not ask your current work to redeploy you to something you could do?

bibs124 · 05/10/2020 11:46

If it is a similar job despite hours I can imagine if your employer found out you would be dismissed under gross misconduct and they could look to recover any costs..

I also think if you are given a sick note from the doctors explaining you are unfit for work your new employer could be in breach of their insurances etc.

LearnedResponse · 05/10/2020 11:46

You might be best off informing Employer A of your plans so everything’s above board. Do you mean incapable of work or quarantining? At the moment that’s an obvious situation where very mild Covid would mean you wouldn’t be able to work in a cafe but you could work in a virtual call centre.

FlitterMouse · 05/10/2020 11:47

what does your fit note say from the doctor? does the new employer know you are off sick and being paid ssp? what will you do if your current employer finds out and you get the sack.

tweedycoat · 05/10/2020 11:47

@TitianaTitsling

Could you not ask your current work to redeploy you to something you could do?
No, the main issue is stress caused by bullying, to be honest. It’s just I’m also stressed because of money, so I’m in a bit of a bind!

The jobs aren’t even remotely similar. But I was thinking I probably shouldn’t. It just would help. I don’t know really.

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movingonup20 · 05/10/2020 11:51

No, it would be fraudulent to be off on ssp whilst working elsewhere

FlitterMouse · 05/10/2020 11:52

If you are off sick with stress then the doctor would probably want you to rest. Is the bullying being dealt with at work, are you getting any support at all from occy health or HR. Is it a job you want to go back to anyway or would it be better for your wellbeing if you left.