Can You Work a Side Business While on Sick Leave?

The Fine Line Between Recovery and Revenue

When a veteran firearms officer with over three decades of service loses his career over a mobile pizza oven, it forces a difficult conversation about the legal and ethical boundaries of medical leave. The dismissal of Metropolitan Police Sergeant Matt Skelt serves as a stark reminder that the transition from a “side hustle” to a “primary occupation” while on the company dime is a high-stakes gamble. As more professionals look toward entrepreneurship as a safety net, the conflict between personal ambition and professional obligation has never been more visible.

This specific case involved a highly decorated officer who operated a personal pizza business while on long-term sick leave. Although the department initially allowed the venture as part of his retirement planning, the permission was revoked when the activity began to conflict with his recovery. The decision to dismiss him followed a gross misconduct tribunal that found his active participation in the business was incompatible with his claims of being unfit for police duty.

The Intersection of Health and Professional Conduct

The modern workforce increasingly views secondary employment as a standard part of career planning, yet the legalities of maintaining these ventures during illness remain murky for many. The core of the issue is not just about the physical ability to work; it is about the integrity of the sick leave system itself. When an employee claims they are too unwell to perform their duties but appears active in another commercial capacity, it creates a fundamental breach of trust.

This tension highlights a growing need for clarity on how recovery and business ownership can—or cannot—coexist. Employers generally expect that if an individual is too ill to perform their primary role, they should be focusing entirely on recuperation. Engaging in profit-generating activities while receiving sick pay can be interpreted as a fraudulent use of company resources, leading to severe disciplinary consequences regardless of tenure.

The “Incompatibility” Trap: Lessons from the Front Lines

The case of Sergeant Skelt illustrates that initial permission for a business venture is not a permanent hall pass. While he was originally allowed to develop his pizza business, his department revoked that consent in August 2025 when the business began to hinder his phased return to work. Engaging in labor-intensive work, such as running a food stall, while claiming medical inability to perform professional duties constitutes a direct contradiction of a sick leave claim.

Modern investigations frequently rely on digital footprints to uncover these contradictions. Social media evidence showing active business participation on “sick days” provided the objective proof needed for the gross misconduct ruling in the Skelt case. Most high-level or public sector roles have specific clauses requiring ongoing authorization for outside work, which can be withdrawn if the side business hinders the employee’s primary responsibilities or recovery.

Expert Perspectives on Misconduct and Medical Leave

Legal and HR professionals emphasize that sickness does not mandate total inactivity, but it does mandate absolute honesty. Experts from firms like Forbes Solicitors point out that the legality of working while sick hinges on the specific nature of the incapacity. If an employee’s outside activities are physically or mentally demanding in a way that aligns with the tasks they claim they cannot do for their employer, it is categorized as misconduct rather than a medical misunderstanding.

Occupational health assessments remain the “gold standard” for determining what an employee can realistically do during their time away from the office. Professionals from MAST People Support argue that if a side business interferes with the treatment or recovery plan outlined by these specialists, the employer has a legitimate right to intervene. Misalignment between medical advice and personal actions often serves as the primary catalyst for dismissal in these scenarios.

Navigating the Professional Pitfalls of Side Ventures

For employees and managers alike, avoiding a disciplinary crisis required a structured approach to transparency and policy enforcement. Maintaining workplace integrity during a long-term absence depended on following specific procedural frameworks that protected both the organization and the individual. Organizations that succeeded in this area utilized clear communication channels to remove the ambiguity that often led to accidental or intentional misconduct.

HR departments proactively utilized occupational health services to define “allowable activities” during sick leave, ensuring that any outside ventures did not stall the recovery process. Legal teams ensured that employment contracts contained specific clauses mandating formal consent for outside work. By applying these policies uniformly across all ranks and tenures, organizations fostered a culture of accountability that balanced personal entrepreneurial goals with professional medical obligations.

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