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Original poster

Off sick and the law

17 replies

LadyPea123 · 14/10/2023 20:08

Evening.

Long story short. I work at a school and I also work at the breakfast club in the same building - the breakfast club however is run by a separate company so I get paid 2 wages by different companies.

I have been signed off with stress from one of the jobs. Would I be able to work the other job - I've looked on the gov website and it looks like I can.. as its not working in the same hours as the job I'm off sick from. However with it being in the same place etc I don't know if this changes anything. One of the jobs I've no issues with and I'm happy there. It's a really hard situation and I need to speak to my Union but I cannot stop thinking about until then... and wondered if anybody had any advice/experience. Thanks

OP posts:
slopsan · 14/10/2023 20:11

I am not sure if the legalities but I would think if you have been signed off as unfit for work, that applies to all and any jobs

TeenLifeMum · 14/10/2023 20:12

Surely it depends what your fit note from the dr says.

Stomacharmeleon · 14/10/2023 20:13

I think if you are signed off sick it means you are unfit for any work unless the note is adapted.
I also think considering they are in the same place you may be on sticky ground.

Babyroobs · 14/10/2023 20:15

Yes you can if for example you couldn't physically do one job but could the other. However if both jobs are in the same building surely it's going to be highly awkward being off sick from just one of them ?

Original poster
LadyPea123 · 14/10/2023 20:17

Hey, thanks for the replies. I wouldn't need to see any of my management. I agree it's sticky. Don't want to be off sick for one of them and let them down . Looks like I'm going to have to. Sucks being an adult!

OP posts:
weekfour · 14/10/2023 20:17

I disagree. It's perfectly reasonable to be able to do some things but not all things. I think legally you're well within your rights.

However, I think you'd have to be pretty hard faced. I can't imagine it would go un-noticed.

Original poster
LadyPea123 · 14/10/2023 20:19

Hi, it does say you can work any jobs out of the hours of your job you are off sick from . If my sick note said bad back for example then sure I shouldn't be working full stop. But if it was stress from one job... then I had a separate job in the evening that I wasn't stressed from I could still do that and be within the law. Its just the same building which is making it a bit sticky!

OP posts:
IWD23 · 14/10/2023 20:19

As you've said, as long as you're not working for the second job during your working hours of the first you're ok.

If you are sick due to work related stress of one job, that doesn't preclude you from being able to work the other one.

As another person said, if your illness affected your ability to perform both, that becomes questionable.

I hope you're ok and getting the support you need.

KeepTheTempo · 14/10/2023 20:27

slopsan · 14/10/2023 20:11

I am not sure if the legalities but I would think if you have been signed off as unfit for work, that applies to all and any jobs

This is incorrect. It's still a mystery to me why people post answers to questions they have no idea at all how to answer.

Your union can help, or ACAS.

Original poster
LadyPea123 · 14/10/2023 20:31

Thanks, yes going to speak to Union buy my anxiety is killing me and I actually cannot stop thinking about it and wondered if anyone had any information.

Thank you for your reply.

OP posts:
DeltaAlphaDelta79 · 14/10/2023 20:36

I've posted this link before on a similar thread but this is case law following an employment tribunal in relation to working while sick

Perry Vs Imperial College

Legally, If you work two jobs and are off sick for one, you can work the second job if the hours dont clash and the reason for sickness doesn't impact the second. So if you were off sick with a bad back, you couldn't work the second job if it involved physical work that would aggravate the condition.

I work as a fraud investigator so deal with allegations similar to this on a regular basis and we have to consider Perry Vs Imperial College.

However, I would always recommend checking the contract of your employment and sickness policies at both jobs.

I have a second job, and to be on the safe side, if I go off sick for one, then I go off sick for both.

Perry v Imperial College Healthcare NHS Trust UKEAT/0473/10 | Croner-i

The EAT held that, in the circumstances, it was unfair to dismiss an employee who carried out two part-time jobs and who was sacked for working in one job while on sick leave from the other.

https://app.croneri.co.uk/law-and-guidance/case-reports/perry-v-imperial-college-healthcare-nhs-trust-ukeat047310

AnneValentine · 14/10/2023 20:45

LadyPea123 · 14/10/2023 20:17

Hey, thanks for the replies. I wouldn't need to see any of my management. I agree it's sticky. Don't want to be off sick for one of them and let them down . Looks like I'm going to have to. Sucks being an adult!

Of course you can’t work for one and not the other. If you’re too stressed to work that’s the end of it.

LakeTiticaca · 14/10/2023 20:46

Methinks the employer you are signed off from may be a tad pissed off if you rock up at the same location fit and ready to work!!

DeltaAlphaDelta79 · 14/10/2023 20:48

DeltaAlphaDelta79 · 14/10/2023 20:36

I've posted this link before on a similar thread but this is case law following an employment tribunal in relation to working while sick

Perry Vs Imperial College

Legally, If you work two jobs and are off sick for one, you can work the second job if the hours dont clash and the reason for sickness doesn't impact the second. So if you were off sick with a bad back, you couldn't work the second job if it involved physical work that would aggravate the condition.

I work as a fraud investigator so deal with allegations similar to this on a regular basis and we have to consider Perry Vs Imperial College.

However, I would always recommend checking the contract of your employment and sickness policies at both jobs.

I have a second job, and to be on the safe side, if I go off sick for one, then I go off sick for both.

Edited

Also, just to add, if your second job is at the same place as the first, I do think its poor form to show up to the second even if legally you can. I guarantee someone will see and it will likely look bad.

CharlotteStreetW1 · 14/10/2023 20:49

Given you're not stressed about the second job and have no issue doing it, do yourself a favour and leave the first job.

Jethia · 14/10/2023 20:59

Yes you can work at a second job because the reason you are unfit for work may not be applicable to that job.

So if one job has physical demands and the other doesn't then that would be fine.

If it's stress then it depends how the stress affects you. For instance it's common for stress to cause difficulty sleeping, anxiety, difficulty concentrating. For people suffering from stress you would usually expect this to affect them 24 hrs a day. So I would recommend a fit note from your GP explaining the circumstances you can work under if you want to make sure it's not questioned

blanketsmell · 14/10/2023 21:03

What does your fit note say?

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