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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I am currently signed off work due to a knee replacement. I

Resolved Question:

I am currently signed off work due to a knee replacement. I am due to return to work on the 1st of October. However I will be starting a new job on that day and I am about to give notice to my current employer of 1 month.
Will I be able to carry out unpaid training with the new company whilst I am still signed off sick and still in my current companies employment.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are you in receipt of company or statutory sick pay for this period?

Customer: Yes I am claiming ssp
taratill :

Is your current employer aware of this?

Customer: No I have not given notice yet and they are not aware I have a new job
taratill :

ok the problem is that they may decide to terminate your contract for gross misconduct early and without notice if you do this as there is an implied duty of trust and confidence in every employment contract. If they find out they are likely to terminate your contract.

taratill :

I would suggest you talk to them . If it is clear that you are well enough to do this training but not well enough to do your subtantive post then they may well not have a problem with it.

Customer: so it would be ok to do the training even though I am signed off how would I be covered for insurance purposes if I was injured whilst training
taratill :

Only if your doctor thinks you are fit to do the training. I would suggest you get a fit note in respect of the training.

Customer: If I get a fit note from my gp for the training my present employer could then say I maybe fit for lighter duties. I think it would be best all round for everyone that I do this training when I start work with the new company, it appears complicated and risky to me.
Customer: Also how would that work with ssp on the days I'm training?
Customer: You didn't finish answering my question from last week!
taratill :

Hi i'm so sorry for some reason this went off my list of open questions.

taratill :

It is better for this training to commence after your employment is ended for the reasons you point out.

taratill :

Your employer may ask you to repay the SSP if you do the training during work time when off sick without discussing it them with you first.

taratill :

Another possibliity is that your employer could class this as a breach of trust and could, theoretically, class it as gross misconduct and dismiss you before the end of the notice period.

taratill :

I think it depends on how llikely it is they will find out and whether you want, or have to, take the risk.

taratill :

If you have any further questions please do ask.

Customer: Thank you that answers all my questions I will do the training when my notice is upon won't be charged anymore will I as this is a one off.
taratill :

No that's right you won't be charged again but I would be graterful if you would take the time to rate my answer as I won't be credited for answering your question otherwise. Thank you and all the best.

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