Claiming Sick Pay and Working for another person

[Mongy]

Hi, my partner has just been signed off work for a month with depression and anxiety. He has been asked to do some cash in hand work by a friend whilst he is off and is considering doing it. However a friend of his has stated that he can't do this as he is getting sick pay from the company sick pay scheme (full salary) as it would be classified as fraud. He has looked at his contract of employment though and there isn't anything stated saying that he can't work for someone else whilst off sick. Can anyone advise please.

[ULA]

If your partner is signed off sick for a month then this will be under the recommendation of a GP and covered by a Fitness to Work Note. I am sorry to say that if your partner did work for this other person there are two consequences:

1. If his current company finds out then yes they will consider it to be fraud - i.e. he is well enough to work for someone else, he is well enough to work for the company and the company will have been paying sick pay for an individual who is clearly not sick.*
2. The other person should not be offering work cash in hand, this is potentially a report offence to HMRC.

In short my advice is not to do it.*