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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47354
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am paying an employee sick pay and he is working for other

Resolved Question:

I am paying an employee sick pay and he is working for other people for cash.
What can I do about this ?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long has he worked there for? What is the reason he is off sick? Does his contract day he cannot have a second job whilst working for you?
Customer:

worked for six weeks on p.a.y.e., off sick because of pain from kidney stone, contract does not mention second job. I am paying him 39 hours per week to work for me

Ben Jones : It is not illegal for someone to be off sick from one job and claim SSP from it whilst working for another employer and earning money that way. However that would depend on what the jobs are. The most common example is stress where an employee is off with stress due to the particulars of the job, but that does not mean they cannot work for someone else where they experience no stress. So you need to consider the circumstances here too - does the reason they are off sick from your job prevent them from doing another job elsewhere which is not affected by their symptoms. If the jobs are not much different and would be equally affected by the condition, then you can argue that their reasons for being off sick are not genuine and seek to take further action. If they have only been employed the for 6 weeks then they are not protected against unfair dismissal and you can technically dismiss them without fearing any repercussions from a legal perspective (assuming this is just a kidney stone issue which was not long term and linked to other serious medical conditions, in which case you need to be more careful as it could amount to discrimination)
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