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can you look for alternative employment while on the sick

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donna1901 | 10:08 Thu 24th Jun 2010 | Jobs & Education
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hi all,
I am on the sick from my work and have been for around 5months.(work related stress)
On debating on whether to return to work or not I have been looking for alternative employment and have been offered a job within the nhs. I need works references from my present employer basically which could be a lil awkward as i am on the sick.
Basically i want to know if there is any law or guidance which states you cannot find alternative employment while on the sick?
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Question Author
hey all i'm desperate fpr this answer lol
There is no 'law' that says you cannot seek alternative employment 'while on the sick'.
One wonders whether you have told your prospective new employer that you have been off work for 5 months. If you haven't, one then wonders what kind of reference you are expecting them to give you. One that says 'she's fine when she's here but we haven't seen any sign of her for the last 5 months' ?
I can't believe any prospective employer would be that unwise to take such a new employer on.
Then again, we are talking about the NHS, so its only a few bob in taxes for x million of taxpayers, I suppose.
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They will be very wary of employing anyone who has been on sick for 5 months. Have you told them this?
have the old job been paying you, while off, in the belief you are coming back...?
Donna, what sort of work were you doing before you went off sick? And what sort of job have you been offered within the NHS? I have been working for the NHS for 30 years nearly, and I have never worked so hard in my life. It is really quite stressful. The NHS now is definitely not the same NHS as I started work for all those years ago. A lot of people in my part of the NHS have gone off sick with work-related stress.
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Question Author
Builders mate- 'one' hasnt decided whether i will return to work with the current company. And all i get is ssp which i am entitled to for being a taxpayer for all my working life. I did not ask for anyone to knock my credibilty as i am not the sort to sit on benefits and was trying to get myself a new job to move on from the stress and worries of the employment i have now!
And the nhs when i was interviewed i was honest with them at that point i had had very very few sick days!
Oh and builders mate you seem the sort of i***t that thinks the world owes them something and it doesnt....
chokkie i am a care worker in the community which i did actually love my job and may have a heart to heart with them to see if the situation could be retified x
it seems a very strange job that you interviewed for 5 months ago, and have anly just got now (although having said that, my husband is a secret squirrel and he took 8 months between interviewing and finally getting security clearance (and that it seems was shorter than average)
I think you have got BM wrong - he actually answered your question and gave you points to think about - ie if the new employer dosen't know you've been off sick for 5 months, it might present a problem to them when your old employers give you a reference. It would be wise to let the new employer know about your situation and see if they still want you before they ask your current employers for a reference
Question Author
yes it takes ages for the nhs to send it across to the recruitment team, then issue letters, fill many forms in etc then arrange appoints to go in and fill forms in. crb too.
I agree its been a long period to be fair but on learning off others who have joined the nhs its standard procedure..
I will just await and see how the references go really, i have the qualifications they need but its not the end of the world if i do not suceed!
except your current boss will know you've been looking for other work. Whether that'll be a problem if you go back i don't know
Please don't get shirty just because I am giving the professional opinion of someone who has spent umpteen years working in HR at a senior management level. Believe you me, I know my stuff in this section. I have yet to see anyone, yes anyone, on this Jobs & Education section who has the depoth and breadth of knowledge that I provide people.
You wouldn't get an interview if I'd have seen your application.
And, yes, as bednobs pointed out I'm actually the only one who has answered your question.
Wake up and smell the coffee.
Question Author
If you had seen my application? You hardly know what I do for a living really and the question was really about looking for alternative employment while being employed on the sick. That was the main question i wanted answered!
To which i am grateful upon but personal opinions on you seeing my application is not welcomed.
Regardless of if i get the job i still have my job to go back to and will negotiate with HR to bring myself back to work
Donna, I work in the NHS and yes I agree it does take a long time for application processes to work their way through to being offered a job. However I recruit from time to time, and my experience is that your new employer will be asked about your absence record, and we can ask for medical reports once you have been offered the job, but the conditional offer letter says "offered the job subject to satisfactory references, occupational health clearance and CRB clearance". The NHS is under great strain at the moment, and as others have said, people work very hard and under sometimes difficult conditions - we are under budget reviews all the time these days. If you can take the NHS job and your employer gives you a reference which pleases your new employer, I wish you good luck - I wouldn't change it, I enjoy my job, but it's hard work at all levels these days!
Some people just don't want to be told!
Donna, i had 6 months off work last year for cancer treatment,i have been back at work for about 7 months.
I am trying to get a new job as i work for a company that treats me badly,they do not follow the grievance procedure or answer any letters fom my solicitor.
So i also know about work related stress.
Buildersmate is giving you good honest advice and you dont like it .
It is a bad time for everyone trying to get jobs ,so being off sick for so long does not help.
Hello Donna, I too would like to add my support of Buildersmate on this site. I have great respect for his posts. He always gives very sound and practical answers and has proved extremely helpful to people seeking advice on this site, as an employer I would not hesitate to run something past him if I needed to.
I am making a guess that you have been off sick with stress as you have not actually told us. It sounds as though your current job is incredibly stressful if you have been unable to return for this length of time and I wonder what support your current employer has provided to try to get you back to work?
The only suggestion I would offer is that as an employer I would be very wary of employing anyone who has been off sick for this length of time with stress (if indeed this is your reason for being off). If I was in your position, I would be 100% upfront and truthful with my prospective employers about my reasons for being off sick, when I expect to be able to return and what treatment I am receiving to avoid this same type of illness in the future. This will give your prospective employers the chance to assess you properly to offer any help you may need and will protect you from any possible accusations of cover up in the future.
Hope this has helped,
Sue
You still sound quite stressed to me - I thought Buildersmate gave a balanced response, but your reaction suggests you might still need some time to get back to full strength.
My apologies Donna, you did mention work related stress in your question, somehow my eye 'skipped' over it instead of seeing it.
Hope you are on the road to recovery.
Sue
There is nothing to stop you looking for alternative employment whilst off sick. As it is work-related stress it may be that the work you are hoping to start in the NHS is such that it is not likely to recur. If you were to leave the current job and then claim JSA for example you would be expected to have looked for other employment before resigning unless you could show you had been advised to leave on medical grounds.

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