Is Working Whilst Signed Off Sick Allowed?

Sick leave is meant to give employees time to recover, but what happens when someone on sick leave carries out work, or is working another job? Working whilst signed off sick isn’t strictly prohibited by UK law, although an employer is under a statutory duty to ensure the health and wellbeing of its employees. Caution must therefore be exercised by employers if asking or allowing an employee to return to work early.

Likewise, Statutory Sick Pay (SSP), occupational sick pay and contract terms all play a role, and misunderstandings can lead to allegations of misconduct, loss of pay, or even dismissal.

The following guide for employers and HR personnel provides practical guidance around sick leave and fit notes, and the legal risks around employees working whilst signed off sick.

 

Is it illegal to work while on sick leave?

 

Working while on sick leave is not automatically prohibited by law in itself, but it may result in a breach employment contract terms, sick pay rules or workplace policies. Whether an employee can lawfully work while signed off depends on the nature of their illness, their contract terms and employer consent.

If an employee is claiming SSP or occupational sick pay, they must be genuinely unable to perform their usual role due to illness. Working another job while receiving sick pay could be considered fraud, especially if the second role contradicts the employee’s stated medical condition.

Contracts often contain secondary employment clauses, preventing employees from working elsewhere without permission. Breaching these terms could lead to disciplinary action or dismissal for misconduct.

However, an employee might be fit for alternative duties but not their usual role. If a fit note recommends a phased return, amended duties or reduced hours, employers should consider reasonable adjustments.

If an employer believes an employee is misusing sick leave, they should conduct a fair investigation and avoid making assumptions. Dismissal without proper process could result in unfair dismissal or discrimination claims, particularly if the absence relates to a disability.

 

Employee rights when signed off sick

 

If an employee is unwell and, as a result of their ill health, is incapable of working or would put others in the workplace at risk, for example, if their condition is contagious, they will be entitled to take time off work. A period of sick leave may also be justified where an employee has symptoms of stress, depression or anxiety, or any other type of mental health condition with debilitating effects.

An employee absent from work on sick leave for either a physical or mental health condition may be entitled to Statutory Sick Pay (SSP). To qualify for SSP, the employee must earn an average of no less than £125 per week before tax and have been absent due to illness for 4 consecutive days, including non-working days, such as weekends or bank holidays. An eligible employee will usually be entitled to be paid SSP from the fourth day that they’re off sick. As of April 2025, SSP is payable at a rate of £118.75 per week for up to 28 weeks. The employee has to inform their employer that they’re unable to work within any timeframe set by the organisation, or within 7 days.

If the organisation has an occupational sick pay scheme, regardless of the nature of their illness, the employee may be entitled to enhanced contractual pay including, for example, sick pay from day one of their absence, a higher rate pay or pay for more than 28 weeks.

 

Proof of illness

 

Employees can self-certify their illness for up to 7 calendar days, including weekends and bank holidays. For absences longer than 7 days, they must provide a fit note from a registered healthcare professional. Organisations should have a clear procedure for self-certification, for example requiring employees to send an email to their line manager or HR.

If an employee is absent due to illness for four or more consecutive days, including non-working days, they may be asked to complete a self-certification form to support their claim for SSP. This can either be the employer’s own form or HMRC’s SC2 form, which covers sickness absences of up to seven calendar days. For absences exceeding seven days, a fit note from a qualified healthcare professional is required.

If an employee takes sick leave for more than seven consecutive days, including weekends and bank holidays, they must provide the employer with a fit note from an appropriate medical professional. The fit note, which has replaced the old sick note, is ‘a statement of fitness for work’ from an employee’s GP or other appropriate medical professional responsible for a patient’s care, such as a hospital specialist. This will set out the date the employee was assessed and the nature of their condition for which they’ve been absent from work. This need not be a formal medical diagnosis, although the doctor will usually state if the condition is thought to be work-related.

The doctor can either sign off a patient as ‘not fit for work’, and say how long this is for, or assess that individual as ‘may be fit for work’ taking into account certain advice. If potentially fit for work, the doctor will make recommendations to facilitate the employee’s return. This could include a phased return, altered hours, amended duties or workplace adaptations. The doctor may also make comments on the functional effects of the employee’s condition, although the fit note is about fitness for work in general and is not usually job-specific.

A patient is assumed to be fit for work, with or without any conditions, when the period set out in the fit note has come to an end, although their fitness for work may need to be reassessed. If this is the case, this will usually be recorded in the fit note.

 

Employer obligations when an employee is signed off sick

 

Employers have a duty of care to ensure the health and wellbeing of employees, including those on sick leave. This includes not encouraging a return to work before the employee is fit to do so, taking all reasonable steps to support the employee’s recovery and to facilitate their return to work once they’re fit and able.

In discharging their statutory duty, employers should not normally ask an employee assessed as unfit for work to resume any duties until the period of incapacity as set out in the fit note, and without the need for further assessment, has come to an end. The advice given in a fit note isn’t binding on an employer, although this should usually be accepted at face value.

In cases where the fit note advises that the employee is potentially fit for work, the employer should discuss with the employee what changes can be made to accommodate their return in line with the general advice given. Again, it is for the employer to determine whether to accept the recommendations set out in the fit note, as these are advisory only.

The employer may opt to seek alternative advice, for example, by asking the employee to undergo an occupational health assessment for more specific recommendations on ways in which an employee’s return to work can be facilitated. If the employer decides not to adopt the suggestions made by the employee’s doctor, or any alternative recommendations, the employee should not usually be treated as fit for work until expiry of the period covered by the fit note.

The employer should also bear in mind that a separate statutory duty arises in relation to any employee suffering from a disability. This means that where an employee has been diagnosed as suffering from a long-term health condition, the employer may be under a duty to make reasonable adjustments to ensure that the employee is not substantially disadvantaged when resuming their job role. This could include things like amended duties or altered hours, although deciding what adjustments to make will depend on the individual circumstances of the case. Often, advice from an occupational health specialist will be needed.

 

Can employees work while signed off sick?

 

Employees can sometimes work while signed off sick, but whether this is lawful or appropriate depends on the nature of their illness, their contract and employer consent.

An employee can return to work before their fit note expires if they feel well enough. However, they should discuss this with their employer to ensure it does not put their health at risk. The employee may have recovered from their illness sooner than expected. An employee also doesn’t need to be fully fit to return to work, where being allowed to resume light duties or reduced hours can often help with an individual’s recovery, especially if being off work is having a negative impact on their mental health.

The employee does not need to revisit their GP or provide proof of fitness for work, although the employer must be satisfied that returning to work will not exacerbate the employee’s illness, slow their recovery or put any other employee at risk. Employers must also ensure that employees do not feel under pressure to return to work before they’re fit to do so.

If an employee wants to resume work prior to the end of the period covered by the fit note, this should be thoroughly discussed with the employee before any decision is made. The employer should keep a clear written record of the discussion, with reasons for the decision.

The employer can ask the employee to return to their GP for further advice or clearance to work, or undergo an occupational health assessment so that appropriate steps can be taken to mitigate any risks. The employer should also consider carrying out a risk assessment, not least where this is required under the terms of any employer’s liability insurance.

 

Legal risks of working while signed off sick

 

Employees working while signed off sick can create legal risks for both the employee and employer, depending on the circumstances:

 

Sick pay fraud

 

Employees claiming Statutory Sick Pay or occupational sick pay while working elsewhere could be committing fraud. Many employment contracts prohibit secondary employment during sick leave, and breaching these terms may result in disciplinary action, dismissal or even legal consequences. Employers may investigate and take action if an employee’s work activity contradicts their stated illness.

 

Working a second job while signed off for another job

 

If an employee is too unwell to perform their main job but continues working elsewhere, the employer may challenge whether the sick leave is legitimate. This is especially relevant if the second job involves similar duties or contradicts the reasons given for their absence. Employers can take disciplinary action, and in serious cases, dismissal for gross misconduct may be justified.

However, employees can also qualify for SSP from more than one job. They could also qualify in one job but be fit for work in another, depending on the nature of the jobs and the illness.

 

Employer liability for employee wellbeing

 

Encouraging or allowing an employee to return to work before they are medically fit can expose an employer to legal risk. If returning early worsens the employee’s condition or prolongs their recovery, the employer could be found in breach of their duty of care. This is particularly relevant in cases of work-related stress or mental health conditions, where premature returns often lead to further prolonged absences. If an employer fails to make reasonable adjustments for an employee with a disability and later dismisses them for incapacity, this could result in claims for disability discrimination and unfair dismissal.

Also, if an employee feels pressured to return too soon, they may argue that they were forced to resign, potentially leading to a claim for constructive dismissal.

 

Managing risks of working while signed off sick

 

Some employees, especially those who are working remotely, may choose to continue to work despite being unwell. This could be for all kinds of reasons, for example, if they can’t afford to be signed off sick, they’re worried about getting behind with work or they have concerns around their job security. However, even where an employee chooses to work whilst signed off sick, this does not necessarily negate the employer’s duty to ensure their health and wellbeing.

It’s vital that employees are made aware that they shouldn’t be working if they’re medically advised not to do so, and to report any illness to their line manager or HR. A good way to ensure that everyone knows what should happen in the event of sickness is to include this in any workplace absence policy. The policy should set out in detail the procedures for reporting and managing sickness absence, including how, when and after what period of time an employee will be contacted to discuss their recovery and return to work.

By creating an effective policy that covers the organisation’s stance on working — or rather, not working — through illness, this can prevent the tricky issue of working whilst signed off sick from arising in the first place. By supporting the employee’s wellbeing, this will also encourage employee’s to rest and recuperate, in this way ensuring a speedier return to work.

 

Need assistance?

 

DavidsonMorris’ HR advisers and employment lawyers support employers with all aspects of workforce management, to support effective performance and positive cultures while meeting legal duties. For specialist advice, contact us.

 

FAQs

 

Can an employee work while on sick leave?

It depends on the circumstances. If an employee is signed off sick but feels well enough to work, they may be able to return to work with employer approval. However, working for another employer during sick leave could be a breach of contract or fraud if sick pay is being claimed.

 

Is it illegal to work another job while on sick leave?

If an employee has more than one job and is signed off sick from one, they may still be able to work the other, depending on their illness and employment contracts. However, if claiming Statutory Sick Pay (SSP) or occupational sick pay, working another job could be considered fraudulent.

 

Can an employer stop an employee from working elsewhere while on sick leave?

Employers can take action if an employee’s contract prohibits outside work or if working elsewhere contradicts the reason for their sickness absence. Disciplinary measures may apply if the employee is found to be acting dishonestly.

 

What if an employee is well enough to work but remains on sick leave?

An employee signed off sick by a doctor should return only when fit to do so. If they wish to return early, they should discuss it with their employer, who may require a fit note confirming their ability to work.

 

Can an employer dismiss an employee for working while on sick leave?

If an employee is caught working another job while on sick leave without permission, this could be grounds for disciplinary action, including dismissal, depending on the circumstances and company policies.

 

What should employers do if they suspect abuse of sick leave?

Employers should follow their absence management procedures, conduct a fair investigation, and ensure that any action taken is consistent with employment law and workplace policies.

 

Glossary

 

Term	Definition
Sick Leave	A period when an employee is absent from work due to illness or injury.
Statutory Sick Pay (SSP)	The minimum amount of sick pay required by law in the UK, payable for up to 28 weeks if eligibility criteria are met.
Occupational Sick Pay	Additional sick pay provided by an employer, as set out in the employee’s contract.
Fit Note	A medical certificate issued by a doctor stating whether an employee is fit for work or requires adjustments to return.
Fraud	Claiming sick pay while working another job or being dishonest about the ability to work could be considered fraud.
Contractual Obligations	Terms set out in an employment contract regarding sick leave, secondary employment, and reporting requirements.
Secondary Employment	Having more than one job at the same time, which may be restricted by employment contracts, especially during sick leave.
Absence Policy	A company’s rules and procedures for managing sickness absence, including reporting, sick pay, and return-to-work processes.
Disciplinary Action	Potential consequences for employees who breach their employer’s policies on sick leave, including warnings or dismissal.
Employment Tribunal	A legal body that resolves disputes between employers and employees, including unfair dismissal claims related to sick leave.