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

[tweedycoat]

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

It isn’t SSP.

The government pays ssp

if it's not ssp then it's the workplace paying you to be off sick for a certain length of time.

Does your doctors note say 'unfit for work' or is it more specific?

Yes I know flitter, that’s the same for everyone in my role, we have full pay for a set amount of time then half pay.

it's not the NHS is it?

It depends. If you're working as a taxi driver and you've broken your leg but can't drive, and your second job is WFH on the computer, that's possibly fine.

But if there's any way that it could be seen that if you're doing your second job you should be able to do your first, no.

A former colleague of mine was convicted of fraud and suspended from the nursing register for 12 months for working in a different job whilst off sick. The job was unrelated to nursing but the trust was paying full sick pay.

I doubt there are many companies who will pay full sick pay whilst you work elsewhere.

No not NHS.

I get it is difficult. I don’t think I will. But I am
Not sure where I stand legally.

I'm guessing you're some sort of public sector. The sick pay structure is the same as the police. Contact your union/staff association/federation, there will be a policy outlined. If you're police you will have been given a copy of the policy when you declared your second job.

I’ve never had to declare my second job (not police!)

It is possible and I’ve had staff members do it in the last (public sector) but it depends on a lot of specifics so you need tailored advice.

Depends on your contract. I have to get permission from my existing company to get a second job. Even if it was nothing to do with my first. I needed some extra money so took an evening job working in a supermarket, this is completely different sector to my day to day job I still had to check it was ok. They where worried about my mental health whilst working long hours - they didn’t stop me but flagged any issues may change their agreement.
They are paying you sick pay to recover & would no doubt prefer you in work working?

If you’re paid by the public purse e.g. any public sector job, and you work in another job whilst claiming sick pay from the public job, then you can be investigated for fraud and if they have a case they will seek to prosecute.

You'd have a tax code which shows that you're working and that you have a second job

Both jobs would be notified if the tax code change

So no1 job would find out

I would assume that they would take a dim view

I never understand this, people going sick for 6 months with 'stress' surely if your job is causing you that much stress that you cant possibly work there then you just need to quit and find another job?!

That surely depends on your fit note. If it specifically states you are not fit to work due to stress in a specific role, but ok to do the other, then it may be ok (but your employer may query why you can work in one job but not the other). It may also work in your favour - whats your employer doing about the bullying?

On the other hand, if you have a fit note stating that you are not fit for work, then you shouldn't be working in either job. Not fit for work means just that.

I'm NHS - and if people are injured for e.g and can't work physically but could do office / home based work as an adaptation, then the fit note needs to be clear and state that. If it just states unfit for work, then home working isn't an option.

@tweedycoat is that the case then? If so be transparent and ask your employer .

you don't have to be off for the whole 6 months, it's just the way the public jobs pay, 6 months full pay down to 6 months half pay. during that time you should be seeing the gp regularly for a fit note, occy health and the employer may well want to have a sickness meeting to discuss the reasons, adjustments, return to work, support package, counselling. being off sick with work related stress is difficult and needs addressing. you can get help from your Union if you are in one.

@BrieAndChilli

I never understand this, people going sick for 6 months with 'stress' surely if your job is causing you that much stress that you cant possibly work there then you just need to quit and find another job?!

I’m trying!

@tweedycoat

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

I think you know the answer to that question..... even if it was legal, I’m sure it probably is, I can’t imagine your current employer being ok with that.

Unless it’s a cash-in-hand job where there’s no possibility of a colleague letting your first employer know, I would 100% not risk this because if you’re off for stress caused by workplace bullying they will see a quick route to getting rid of you rather than addressing the root issue, which is usually more difficult and expensive.

Hand your notice in now whilst you have a sick note so you don’t have to go back then start the new job...

If you are signed off sick you aren’t insured to be on the premises.

That’s the legal bit you need to look at.

A person was sacked at my last place of work for this. They were off work with stress and ME. The firm’s insurance company investigated and discovered that she was working elsewhere. She’d had the nerve as well to ring up and ask about her Christmas bonus!