Sick Cert Can You Work Somewhere

Sassy58

This may not be the right section but just wondering

A person works one day a week for a company and they also do some part-time work for another company. They handed the company they work for, for one day a week a sick cert to say they are not unfit for work due to ill health..........question is can they still work part-time for the other company.

jblack

Depends on the work but for argument's sake lets say that the sick note is not very genuine:

If company A found out that their employee had worked for company B while off sick backed up by a note they would probably fire the employee for dishonesty and possibly report the Doctor who wrote the note to the Medical Council.

seamus

If you have been deemed unfit to work by a doctor, then you will not be covered by any company's insurance policy to attend work that day.

You could be fired from both jobs if you were discovered.

mm_surf

seamus wrote: »

If you have been deemed unfit to work by a doctor, then you will not be covered by any company's insurance policy to attend work that day.

You could be fired from both jobs if you were discovered.

Not quite.

A "unfit to work" Cert can be many things. From an ordinary GP, it doesn't get specific. That is, no working of any kind. Irregardless of what that work is.

A cert from an Occupational Health Doctor will usually be much more specific, i.e. will not allow an employee to do certain types of work, e.g. no lifting or whatever the reason for the certificate is. So it doesn't necessarily preclude working elsewhere. For example, a OH Cert may prevent a person from heavy lifting, but light lifting may be ok (a pretty common one), or desk work might be ok, for example.

Do bear in mind though, that many companies may have a contractual clause preventing you from working elsewhere.

If you are getting paid sick pay at company A, then they might well get upset at you working for company B.

As far as insurance is concerned, if a cert prevents working, than that is all they'd need to refuse to pay out in the event of an accident.

Public liability and vicarious employee liability would be unaffected, however. I've often brought people in to discuss incidents / accidents, on full pay.

Short answer, if the cert is from your own doc, rather than a doc company A sent you too then yes, you could be in trouble (insurance wise) working at Company B.
If the cert is from a doc that cmpany A sent you to, then it depends.

There you go, clear as mud!

Sassy58

Company A and Company B do the same work so there would be no difference in duties carried out.

Sick Cert was from the persons own doc - just saying unfit for work till X.

Company A has found out that the person is currently working for Company B after handing Company A a sick cert....just had me wondering if it was legal or not to do this

jblack

Sassy58 wrote: »

Company A and Company B do the same work so there would be no difference in duties carried out.

Sick Cert was from the persons own doc - just saying unfit for work till X.

Company A has found out that the person is currently working for Company B after handing Company A a sick cert....just had me wondering if it was legal or not to do this

Sounds like simple dishonesty.
Both companies possibly within their rights to terminate employment.

If the person was not unfit but had a Doctor do up a note then the Doctor could be in trouble as well.

Victor

If the cert is for work-related stress, the doctor may state that the employee should cut down on hours or not do a certain type of work, e.g. not work in the place that was subject to a recent armed robbery which the worker witnessed.

The DSP do allow recipients of Illness Benefit to work and retain benefits, if it is approved by the doctor as therapeutic.

mm_surf

Sassy58 wrote: »

Company A and Company B do the same work so there would be no difference in duties carried out.

Sick Cert was from the persons own doc - just saying unfit for work till X.

Company A has found out that the person is currently working for Company B after handing Company A a sick cert....just had me wondering if it was legal or not to do this

Worst of all possible situations then. It can entirely depend on company A as to what happens in relation to employment at Company. At best, they may have their sick pay "refunded" (assuming they pay sick pay).
Worst case scenario they wish the person well with their future career at Company B when they hand over the P45.

Technically uninsured at Company B for any accidents in relation to the reasons for giving the cert (bad back or whatever), but otherwise covered (but then again, an insurance company may try to use it as an excuse to avoid paying a claim)

M.