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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 currently work nhs full time I also provide a typing

Resolved Question:

I currently work for the nhs full time I also provide a typing service in my own time for a consultant for which I get paid. I am currently off sick due to work environment stress due to my nhs colleague making a complaint saying I had bullied her for 10 years ( I have recently been told by my Union rep that there is nothing in the complaint to do with bullying) I was advised not to provide the typing service as this would be classed as fraud is this correct?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Are you a secretary within the NHS?
Customer: replied 2 years ago.
Yes I am a full time medical secretary and have been for the past 23 years
Expert:  taratill replied 2 years ago.
Is the consultant you worked for at the hospital you provide these services to?
Customer: replied 2 years ago.
I work for 3 consultants on the NHS - one of which is a consultant neurologist. This consultant sees private patients at private hospitals and I arrange the appointments and type up the clinic letters from my office at home
Expert:  taratill replied 2 years ago.
Ok thanks so to clarify you are employed to do this by the consultant as an individual not by the NHS or specifically the trust you work for?
Customer: replied 2 years ago.
Yes correct
Expert:  taratill replied 2 years ago.
Thank you for the clarification.
The HMRC Employer Handbook for SSP deals with this situation. Specifically it states that 'Provided the contracts are not with the same employer or two associated employers , the employee can claim SSP if incapable of working in one contract but capable of working another'.
This means that no fraud would be committed if you did continue to work.
It would however be in your best interests to inform your employer that you will be working in this way and that the reason you are stressed and off sick is the bullying claim. This is because it may be that the employer can find an alternative way for you to work and avoid the stress.
They cannot prevent you from working , unless there is something specific in the contract and it does not constitute fraud.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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