Working a Temp Job Whilst Signed Off.

[scotty1987]

Hi,
Firstly thanks for taking your time to read this.
I am currently full time employed with a company, but am signed off unfit to work due to the field of my work. I work as a Photocopier Engineer which involves alot of squating, crouching and getting on my knees around the photocopiers to carry out my job even for the basic tasks involved.
About 6 Weeks ago I sat funny on my leg and tore the cartilage in my left knee. I was signed off of work due to being unable to walk properly and being a mobile engineer involves alot of driving and alot of walking around town centres etc carry heavy tools and parts. 2 Weeks ago i underwent a knee arthroscopy surgery during which they repaired my Cartilage. After this operation i was put in a brace which i have to wear for 6 weeks (4weeks remaining) meaning i am unable to drive. I have also been told it will be 3 months untill i am able to carry out "Deep Flexion" on my knee which is squatting and crouching and getting down on my knees. So this basically means i will be unable to carry out my job role due to my inability to crouch\squat meaning i am facing up to 3 month3 out of work. My issues start as of 24th April as my full sick pay runs out and i will be put onto Statutory Sick Pay for the remainder of my time off. I have requested if there is anything else i can do to help somewhere else in the company so im no longer off but they are reluctant to allow me to carry out another role as thats not my job.
This is where it starts to get tricky as i have been offered a very good oppotunity for a temporary position with another company (in a completely different industry) to carry out some administration work in an office. With this being a desk job in my current state i am more than capable of doing this.
So im trying to find out my legal standing if my current employer will not accomodate the fact that due to my injury and recovery i am unable to carry out the role i was employed to do (hence the reason why i have been signed off as im unable to carry this out) am i allowed to work in the temp position elsewhere as although im signed off from my current employment, i am more than capable of carrying out the work required by the temporary position as it is a desk job. If this is legally allowed would my current employer have to give their permission also and if they wont does that mean i am unable to take this oppotunity up as it means i can earn a wage and not have to try and survive on SSP when ive got a family to provide for.

Appologies for it being a bit long winded and it is abit tricky but any help would be greatly appreciated.

Many Thanks.

[Eloise01]

Re: Working a Temp Job Whilst Signed Off.

If the employment is at the same time as your current employer would expect to have you in work, were you fit to work, this would be a very dangerous move for you to make. Technically someone off sick from one job is not prevented from being employed in other work that they may do, but that is based on the premise that someone already has two jobs, and only one of them is affected. You are talking about taking up new employment whilst off sick and also claiming a state benefit which is designed to replace your income if you are unable to work through sickness. I seriously doubt that your current employer will be amused - and I suspect that the DWP would be even less amused if you claimed SSP at the same time, so I cannot see any prospect of your being able to avoid telling the employer, since they are the ones paying SSP.

It seems to me that there are two options here:

1) Ask the employer for permission - and be ready to lose your SSP if they agree because you can't have both. And you would need to be very careful that this did not constitutute a break in employment, or

2) Ask the doctor to provide you with a fit note that says that you are fit to return to your employer with reasonable adjustments - the employer should be aware of the fact that the purpose of such advice is to enable them to move someone to an alternative role if available for a temporary period to accomodate ill health.

[scotty1987]

Re: Working a Temp Job Whilst Signed Off.

Hi and thanks for your reply.
I wouldnt even consider taking this opportunity whitout telling ym current employer as i agree it is a risky thing to do and i would not want to still be claiming SSP if i was earning elsewhere as i am fully aware that i would not be entitled to it.
I am trying to liase with my current employer to see if they can work around the fact that i cant carry out the role i was employed for but i could do something else for the time being but if they tell me they cant find me anything else i can do then what are my standing on being able to take the second job on a temp basis untill i can return to my full role in my normal employment as i cannot afford to live off of SSP and would prefer to not have it and earn a wage instead.

Many thanks.

[Eloise01]

Re: Working a Temp Job Whilst Signed Off.

Without their permission, I am afraid that you might find that you are having to work out how to live off benefits for a lot longer than three months. I simply could not advise that you take that risk. If you have employment elsewhere, they could simply take that as a resignation and your job goes for ever. There is no legal right to do what you are suggesting, and whilst it may not (assuming you are not also claiming SSP from them) be unlawful, there are so many pitfalls to it that it could damage your ability to return to the job at all. You would also need to check your contract - some employers have contractual clauses which forbid the taking on of any other employment.