is this fraud??

Question

work colleague is off sick for 1 month and has sick note.
The same person is working their second job in the evening and weekends.
Is this person defrauding their main employer?

Answer 1

Yes of course. They could get into trouble about paying tax as well if they are not paying it on their second job. You should tell the employer about your colleague that kind of thing isn't fair on other people who work hard and honestly for a living.

Answer 2

Sounds like it...

If this person is getting salary or Company sick pay from the employer then this is fraudulent as if they are off with a sick note then that should mean they are too ill to pursue any activities whilst on sick leave. If receiving SSP then defrauding both Employer and HM Customs and Revenue by claiming Statutory Sick Pay.

I don't know of any illness that would preclude someone from doing their day job but allow them to work at night [unless they are a vampire!!!!!] and weekends.

In addition, most emploment contracts have a caveat in them concerning other business interests which usually states: "You shall not at any time during your employment, whether in working hours or not, be engaged, concerned or interested in any capacity whatever, whether directly or indirectly, in any business other than that of the Company without the prior written permission of the Company."

If this person has a contract and this includes this caveat and they do not have permission to do the evening work then they are effectively in breach of contract also.

Answer 3

A sick note is for a person not being able to do the job he/she is employed to do because of an illness so I suppose if someone were to break a leg and their main job involved being on their feet all day and the second job could be done sat at a desk then there would be no need to sign off sick from the desk job.

I would say it depends on the nature of the job and the illness.

It does seem a bit unfair if this person is getting sick pay though.

Answer 4

You would need to have access to all the facts to know for sure.
Do you have ALL the facts?

Possibly could have an illness that is really bad in the morning and gets better as the day progresses.

Seems far - fetched I know, but better to give people the benefit of the doubt than to assume things without knowing all the facts.

The person could be defrauding the employer though. It will usually catch up to them, so unless you are the employer, I'd say don't do anything about it. He/she will be found out eventually.

Answer 5

The person's disability coverage may exclude her/him from working at their regular occupation. Disability may allow only 60-70% of their regular income to be paid. Usually there is a waiting period before disability kicks in. If this person is using accumulated sick leave, then they may be receiving their regular pay. This person's family needs may require the income from the second job to provide for necessities like eating every day, sleeping indoors and paying medical costs.

Answer 6

Most definately. And they should not be working anywhere under a sick note, if something happens at the second job whilst they are under the sick note, it could cause lots of problems. Plus I think it is pretty selfish of that person to be leaving all their work to colleagues when they are quite knowingly well enough to work.

Answer 7

Sure sounds that way!

BUT, as in all things, you need to have ALL of the facts to decide. If their main job requires a high level of physical activity and they are restricted from such activity, but the second job is sedentary it may well be legitimate.

Answer 8

To vague - Yes and No

He might be to sick to do the job he is paid for but the physical demands of the second job may not affect his ability to work there!

I see your point

Answer 9

I would guess so?

Personally i would send an anonymous letter to their main employer and let them decide what action to take. At least then you won't be involved x

Answer 10

They certainly are is their salary is being paid by their main employer. If they are taking upaid time off no. There would however; still be a moral issue even if they were not being paid by the main employer.