Lindsay V London Borough of Newham – Can you work a second job whilst signed off sick?
Can you work a second job whilst signed off sick?
In Lindsay v London Borough of Newham, this was the main issue the tribunal had to determine.
Here’s what happened:
- The Claimant was an English Tutor.
- He was contracted to work 25 hours per week for 36 weeks per year.
- The Claimant developed myasthenia gravis, a muscular disorder.
- The council’s policy held that employees should not undertake any other work whilst signed off sick without prior authorisation of the council.
- The Claimant had seen and signed this policy.
- The Claimant took on several jobs whilst signed off work, including running a chess club, remote English tutoring, and exam invigilating.
- The council learned of the Claimant’s roles and dismissed him for gross misconduct.
The Claimant argued his second jobs were less strenuous than his work for the council.
Lindsay commenced an unfair dismissal claim.
The tribunal dismissed the claim.
The council’s sickness policy was clear. Without permission, employees were not permitted to work second jobs whilst off sick.
The council was reasonable to find that working whilst reporting sick was a breach of trust and confidence and gross misconduct.
Lessons for HR:
- Make sure sickness absence policies forbid secondary employment without approval.
- Make sure disciplinary policies list working secondary jobs whilst off sick as an example of gross misconduct.
Without this, dismissal could be fair.
