Work While Sick?

[gina32]

is it against the law to be off work sick but work somehwhere else?

[hc4361]

What are the circumstances?

Was the person doing two jobs before being signed off sick?

[hc4361]

I have found the facts for the scenario where a person is doing two jobs, one physical and one deskbound. Signed off sick for the physical job but still able to do the other job.

"The appeal was upheld by the EAT who found that the dismissal was unfair. They held that an employee can be medically unfit for work under one contract, while still capable of work under another contract. In this case Ms P was not paid twice as there was no overlap in the hours of the two roles. The original decision to dismiss on the basis of fraud was therefore legally and factually misconceived."

The important bit is 'no overlap in the hours of the two roles'.

http://www.bevanbrittan.com/articles/Pages/TwojobSonesicknessabsenceonedismissalseptember2011.aspx

[gina32]

The person was doing the two jobs but was warned by the "first" employer a long time ago because both jobs involve driving hgv's and the person was warned because of his tacho times

[hc4361]

Well that's a totally different scenario. It may not be against the law but that is certainly a sackable offence - if he can drive for A he can drive for B.

Driving more than the permitted hours is a criminal offence, however.

[gina32]

the person isnt driving on the same day as his first job but his first job does require some driving, all very complicated