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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49789
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a teacher and have been signed off sick by the doctor

Customer Question

I am a teacher and have been signed off sick by the doctor from Thursday 20 March - Sunday 6 April. I have been invited for interview Tuesday 1 April at another school. My head says I cant go because I am off sick, my doctor says I can because I am signed off from my particular work at the moment not any work. Who is right? Where do I stand if I do go to the interview?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. What is the reason for being signed off?
JACUSTOMER-3kh1v436- :

fatigue. Doc sending me for blood tests for anaemia, thyroid so she knows what to treat.

Ben Jones : There is certainly nothing stopping you from attending an interview elsewhere whilst off sick from your main job. If you are signed off then it does not mean you are confined to your house and that you cannot do anything at all. You are signed off work. You are not deemed fit to attend work and perform your duties. However you can do other things in the meantime that are not linked to your job and that could also include going to another interview.
JACUSTOMER-3kh1v436- :

What would happen if my current head wrote me a bad reference?

Ben Jones : They have to provide a factually correct reference,,they cannot make a false reference out of spite and if the reference is not truthful then it would likely amount to negligence on their part, meaning you can potentially sue them for any losses incurred as a result
JACUSTOMER-3kh1v436- :

I have informed my head that I have applied and put her down as a reference but as I am off sick do I have to inform her that I am actually going to attend the interview, or do I just go?

Ben Jones : You don't have to tell her anything in relation to this, it is not your employer's business
JACUSTOMER-3kh1v436- :

so just to confirm no 'disciplinary action' could be taken against me regards 'breach of contract' for attending interview whilst off sick. My attendance and health record prior to this is excellent.

Ben Jones : Nothing would stop the employer taking disciplinary action if they wanted to and if they believe for example your reasons for being off sick were not genuine and perhaps you took the time off to attend the interview. It would depend on what their investigation finds and what they believe but obviously you can defend any allegations made against you
JACUSTOMER-3kh1v436- :


Ben Jones : You are welcome
Ben Jones :

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