going on SSP and finding another job that is more suitable?

wayne0

hi,

whilst i know (from previous experience) that it is perfectly legal to work a second job whilst recieving SSP from a first job,

(this case also backs this up:
http://www.qswblaw.com/wilsonbrowne-nt0002fb62.html )

ive had words with my employer and he "agreed" to pay me SSP as long as i took my first week as an "holiday" (i had just come back to work from holiday...) - whilst i understand he couldnt legally do this, i was going to recieve my holiday pay as a lump sum in a week or two due to contract and tax year things with work... so i "agreed"...

now, i am off work on SSP (due to sickness), and with my bad back, i am unfit for my first job... (drs note states this, and employer has made no effort to alter my workplace etc or even complete a risk assesment [i am taking high doses of codine - 30mg 4 times a day etc) which in itself can cause additional factors of risk (which my employer is aware of)

so, what i wonder is: am i legally entitled to start a new job, and continue claiming SSP off my first employer (the new job would be a checkout role in a supermarket, which is far less physically demanding than my current role) and also, would be hours outside of my current employment... (so i could technically work both jobs when i am "fit enough"...

whilst ethically i may get some "your wrong" etc's, legally, where do i stand (as i said, i know im entitled to continue working a second job, if i already had the post and i was still fit for that role...)

cheers...

LunaLady

You do realise that working on a checkout is quite physically demanding too though, dont you.

Firefox1975

Do you beleive it will put you in a strong postion for the role when they take up an honest and factual reference from the job you are currently employed in?

As above - checkput roles are not an easy ride physically therefore you may find yourself rejected due to suitability.

paddedjohn

If you could manage a job on a checkout with all the twisting and turning it involves I would imagine your first employer would find a way to get rid of you.

wayne0

my current job is on my feet for 8 hrs a day... also involves contstant bending, lifting etc...

whilst i know a checkout is physical in itself it is far less physical than the job i currently do. (passing an item from right hand to left hand)

i will also be able to sit down whilst doing it, which will itself help with my problems

i appriciate your comments, etc, but the facts speak for themselves - its either i sit on ssp for weeks on end etc doing nothing, or be proactive and find a more suitable job (and trial it) whilst im on sick leave.

the new employer is aware of my circumstances etc... and has asked me to have a probationary week (no training is needed etc as i have experience so he really has nothing to loose - im just checking as to whether i am legally entitled to do this)

my first employer would be subject to an employment tribunal on the grounds of disability discrimination etc if he tried to get rid of me whilst on sick leave for a disability

LunaLady

Lugging heavy bags of cat litter/crates of beer etc.

Plus its not passing from one to another, its physically twisting to put it onto the packing area.

Plus, depending what supermarket it is, you may be expected to do other duties, such as cleaning or shelf stacking.

paddedjohn

But while you are getting ssp from your first employer to enable you to recover from your sore back you are going out to work elsewhere and not resting your back. Sorry but I think you are just looking for someone to agree with you. Have you called your employer and asked them what they think? To be honest a sore back isn't a disability, it's a hinderence.