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?

There might be a compromise. However that suggests you are somehow wanting to drag out the situation and punish your employer financially rather than look after your mh and move on.

No you can’t. You have been signed off sick from work, that’s all work, so you need to tell both employers

@LIZS

There might be a compromise. However that suggests you are somehow wanting to drag out the situation and punish your employer financially rather than look after your mh and move on.

Of course I am not wanting to ‘punish my employer’, but the fact is a contract works two ways and the reasons for that are to protect them and to protect me.

If I left now, my salary would stop. That is the bare reality of the situation. I would then be in an extremely unstable financial situation. Surely you can see this?

I don't think so. I know someone who was sacked and done for fraud for doing this.

@Chloemol

No you can’t. You have been signed off sick from work, that’s all work, so you need to tell both employers

This isn't true, depending in the wording of the fit note

It does depend on the wording. I won’t, anyway, it just crossed my mind this morning.

@tweedycoat that’s my experience though, l even have an example below. Not my fault it conflicts with what you want to hear

www.bbc.co.uk/news/uk-england-cambridgeshire-16630236

OP call ACAS and discuss with them.

It really depends on the wording of your employment contract and your sick / fit note.

In some circumstances you would be able to have 2 jobs and be signed off sick for one and not the other.

For example, if you already had 2 jobs - Job A is working on a building site Monday - Friday and Job B is virtual PA at weekends, desk based. If you broke your leg you would be signed off Job A but could continue with job B.

I don't see the problem, BUT you definitely need to check your contract.

But in that example she is literally doing the same job! Of course that isn’t acceptable, I can quite see that!

Give the girl a fucking break. If she wants to work a second job it's not that she's work shy, as some of you lot seem to be implying. Luckily I've never been in that situation, and hope to goodness most of you never find yourself in it either, but I know of people who have dealt with situations in the workplace making them unable to do their job and causing severe and debilitating stress and panic attacks due to bullying and the like.

It's no joke. Just because the OP is being bullied in the workplace and unable to continue her job there, doesn't mean she should sit at home struggling financially if she is legally allowed to work another job. I'd much rather she did that than sit around on her arse claiming UC.

OP, my advice would be citizens advice bureau. They should be able to advise what's permitted or at least point you in the right direction of where to find out. Best of luck

If you're not going back and have resigned are you planning to stay off on paid sick leave until your leave date. Will your gp issue fit notes for you. Does your potential new employer know the situation and are happy to employ you without a p45/p60. If work know youre not planning on going back and the reasons why could your Union try and negotiate a severance deal onstead.

It is difficult because mine is related to the specific nature of this job, in other words if I was not working there I would not be stressed.

However a post supporting a young man I have known since babyhood is available. This literally just involves supervision as he is severely disabled, but I can’t deny the extra money would have been enormously helpful. So it was very tempting. Especially as it would help him and his family as well as me.

However I won’t. I think I possibly legally COULD but I agree it is too morally murky.

@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?!

Lucky you I hioe you never experience it.

OP you can still raise a grievance even though you have resigned. I know you say it's pointless but you have a right to do so and they must investigate.

Your company might be willing to discuss a settlement agreement that they pay you in lieu of notice and benefits. This would leave you unemployed but able to seek new employment immediately without having to seek their approval.

It really isn’t that simple, to be honest it isn’t ‘the job’ causing me stress so much as my line manager. But in any event I am also pregnant and so leaving would have a real impact on my maternity pay. I’m not in a position to be job hunting as a result of the above. Plus, my confidence has nose dived.

Honestly green all I would do would be to ruin any future prospects I have. It would be a horrendously expensive and stressful mess I have no chance of winning. But thank you.

Workplace bullying is awful, and not everyone has a magic HR department to sort things out. The only time I've experienced physical and mental stress that was beyond control was down to workplace bullying. I was signed of and did return, to a slightly better situation but it never did fully improve and I did eventually find another position elsewhere and have never looked back.

Small orgs get away with treating people like shit and have no one to hold them to account.

OP do what you need to do. Take care.

Dont resign, stay on sick as long as you can but mind go back so they can't put you on maternity earlier than you want.

It’s been horrible, I practically threw up in fright every time my door opened

I was going to go on maternity at 37 weeks but it will now be 36. I don’t mind that but I can’t lose any more money.

Please speak to your union or ACAS about this. There is no standard answer in this scenario, it's very much case specific. It could be a breach of contract, it could be a breach of mutual trust and confidence, equally it could be perfectly acceptable.

(Make sure the advice is from someone with legal training, not HR!)

You will be found out. I'd put money on it.

A teacher colleague was signed off, but continued to do her second (takeaway delivery) job in the evenings. It was only a few hours, and I understood why. She was a single parent struggling to make ends meet.

But of course she was seen doing the other job, by summertime who reported it to the boss, who phoned her place of work who (stupidly) confirmed that she was there.

All hell broke loose, and she left within weeks.

If you're under stress at work, do you really want the stress of being found out and taken to tribunal/losing your job/not getting a reference? Whatever the outcome, it would be horribly stressful.

I've known of a similar situation crop up at work. It was considered fraud. HR took a very dim view of it!

Could you negotiate pay in lieu of notice? Then you would be free to take up an alternative role

Some industries will take your sick leave pay back if you resign within a certain time period of having the day paid sick leave. Either way it's morally dreadful. As a PP said, you're better off severing ties now and finding a new job. I get financially that may not work for you, but the alternative is taking a lot more paid sick leave and potentially having to pay it back, or being discovered and being managed out with no reference.