I'm not in your sector, but for me, it would depend on the nature of the absence potentially.

If they're signed off recovering from an operation but are running a fitness business, I'd have concerns. If they are signed off with stress/mental health then it may be that the physical activity is a help for them. Either way, I'd probably initiate that conversation and see what's said as it's a legitimate concern.

There was a similar case to this in the news recently, someone in the NHS was sacked for running a side business whilst off with stress and was awarded a huge sum. She argued that her side business helped with her mental health.

I was involved in a case where a roofer was signed off with depression but was actively working as a roofer elsewhere. We used a private investigator to take photos of him working and dismissed him for gross misconduct.

I think the circumstances will determine your approach. If she is stressed due to working conditions then she is still able to run a business that is not related to the cause of stress. It does seem unfair though that she is getting sick pay but possibly making more money through her personal trainer business as she is free to work more hours.

Hi Michael

Further considerations are if they are doing this during their contractual working hours and whether you're paying OSP, particularly if it's from the public purse.

There is no harm asking them about it during a welfare call and deciding whether further action is required or not.

Good advice already.

As a side note, it is worth educating your colleagues that "off sick" doesn't have to mean sitting at home looking miserable and acting like a hermit. Participation in social activities, exercise, shopping and even side gigs can all be perfectly compatible with sickness absence.

However, it is always worth ensuring that one follows policy scrupulously and that staff who are absent are clearly told the expectations regarding their return to work, and dismissed if they cannot meet those expectations. Problems arise (including the idea that extended periods of absence are an "entitlement") when people are allowed to coast along on sickness absence without anyone ever taking the time to point out that they are, in fact, expected to return to work within a reasonable timeframe and will be dismissed if they do not.

In reply to Elizabeth:

I found the case that I think Elizabeth may be referring to. It's police rather than NHS but the same principle, ET found that the officer had been constructively unfairly dismissed: www.peoplemanagement.co.uk/.../police-officer-constructively-dismissed-banned-running-side-hustle-off-sick-awarded-11m-tribunal

In reply to Alison:

Thanks, that's why I couldn't find it.