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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 53123
Experience:  Qualified Employment Solicitor
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I have injured my leg in a non work related accident and i

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hi i have injured my leg in a non work related accident and i have two part time jobs. one employer has put me off sick because i can not get to work the other has said i can work from home on admin duties.
Assistant: Have you discussed the injury with a manager or HR? Or with a lawyer?
Customer: sorry i hadnt finished what i want to know is am i breaking the law by claiming sick pay for my job two days a week and then working for 3 days for my other employer
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i am a contracted employee on both jobs
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: only that i am afraid of doing something wrong. the days that i am actually working the 3 days are not my rota days to work for my other employer

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

It is generally not illegal for an employee to be off sick from one job and receive sick pay, whilst continuing to work in a second job for another employer. Many employers automatically and, incorrectly, refer to this as the employee 'defrauding' the company and even take disciplinary action, up to and including dismissal.

However, the legal position is that as long as the employee is genuinely certified unfit to work and this affects their ability to carry out the specific job from which they are signed off, they are able to be off sick from it. In the meantime if they are capable of performing another job, which is not affected by the reasons for being signed off sick, they can do so. Such a job should not be undertaken during the hours of the job from which they are signed off, as the employee would then be paid twice for the same hours, which is not allowed.

For example, a worker has two jobs – a daytime job in an office and an evening job in a shop. They are signed off sick from the daytime job due to workplace stress as a result of heavy workload or bullying by colleagues. The stress prevents them from working in that specific job as the stressors are directly connected to it. It does not prevent them from continuing to work in the evening job, which is less stressful and is not affected by the reasons for being off sick.

Does this answer your query?

Customer: replied 4 months ago.
i think so the days that i am working are not rota days for the job i am off sick from. i am just terribly worried about getting this wrong. i can not drive to the job i am off sick from and i do not have to drive for my other employer because they said i can just stay home and do admin and telephone work

I don't see a problem legally then. You cannot do one job due to the injury and as a result can remain off sick from that role, but you can continue working in the other position if your injury does not prevent you from doing so. As mentioned, just try to make sure that you do not claim sick pay for the time you are working somewhere else

Customer: replied 4 months ago.
when i ask gp for the sick note should i get him to specify the dates i am claiming sick pay for on my certificate

yes you should just to know for certain when you have been signed off for

Customer: replied 4 months ago.
ok thank you for your help

yo are welcome and all the best

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