Sick leave is in place to protect the financial interests of employees should they fall ill. While most employees use sick leave to focus on recovery, it’s not uncommon for individuals to take advantage and continue working while signed off sick. This can create issues for businesses that are paying sick leave and other benefits to an employee – which is even worse if they’re actually working elsewhere.
If you suspect an employee may be working while signed off sick, there are several steps you can take to establish your legal position. Factors can vary from case to case so it’s best to do your research and source as much information as possible before confronting the employee and taking action.
Check employee contract
The first step is to check the employee’s contract. Many contracts clearly state employees are not allowed to engage in alternative work while employed by your company or business, regardless of whether they’re receiving sick pay.
Consider work type
Is it illegal to work when signed off sick? In some cases, the type of work being carried out can determine whether an employee can legally claim sick pay for one job and work another. For example, an employee may be declared medically unfit to load and unload trucks due to injury, though is capable of working a desk job. In these sorts of cases the employee may be allowed to legally work a second job while receiving sick pay.
To avoid this scenario, it can be beneficial to offer the employee an alternative job they’re physically capable of doing. This eliminates the financial burden of sick pay and keeps the employee on the payroll.
Can I work if signed off sick?
Can you work if you are signed off sick? As an employee, you’re under no obligation to disclose information about a second job. This statutory right does not change if you become medically unfit to work one job but can continue working in the second role.
What about similar jobs?
Another common query for employees is “If I am signed off sick can I still work?” In most cases it’s illegal to claim sick pay while working a similar role with another employer.
If you find out an employee is working in a similar role while claiming sick pay you could have grounds to launch a fraud or gross misconduct case, giving you the right to immediately dismiss the employee.
You can find out for sure
If you suspect you have grounds for issuing your employee with notice, it’s important to gather as much information as possible before launching your case. Not only will this make the legal process faster, easier and cheaper, backing your case with solid evidence will also eliminate the risk of any unfair dismissal cases in the future.
The best way to determine whether an employee is working while signed off sick is to enlist the help of private surveillance. At M19 solutions we specialise in corporate investigation services and pride ourselves on delivering 100% legal, aboveboard intelligence that stands up in a court of law. Get in touch today!
