Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawHR practiceSickness absenceDisciplineAbsence

Legal dilemma: employee claiming sickness absence is not ill

by Personnel Today 15 Sep 2009
by Personnel Today 15 Sep 2009

A member of staff has been off sick for several weeks but I overheard a conversation that suggested she has just been to a concert with a colleague. I’d like to hire an investigator to see if she telling the truth. Is that legal and how would it work?

It is perfectly legal to hire an investigator to make enquiries into this matter. A professional services provider will be able to make discreet enquires to either prove or disprove the information overheard – generally it is considered that there is ‘no smoke without fire’.

At the outset of any enquiry, a full investigation plan should be drafted for discussion and agreement with yourselves. The plan should contain all actions that will be carried out during the investigation, including any potential witnesses that may required for interview and written statements that will be taken.

Statements should contain only facts in relation to the matter under investigation and not hearsay evidence. Any interviews that may need to be completed should be carried out in a confidential environment and in accordance with the Police & Criminal Evidence Act 1984. Any interviewees will be entitled to be accompanied by a supporting individual.

Given the nature of investigations, the plan is a ‘live’ document that may be altered as new evidence comes to light; however, any changes should be contained as a written file note within the investigation file.

Although the overheard conversation related to a past event, which could prove difficult to substantiate, covert surveillance could be considered a requirement of the investigation to monitor the movements of the sick member of staff at present.

We would suggest that any organisation considering the use of surveillance apply what we consider the best practice principals of the Regulation of Investigatory Powers Act 2000 to ensure that any evidence gathered may be collected in a manner that would be considered admissible should the case require a criminal, civil or disciplinary sanction.

Any organisation considering the use of surveillance should use reputable professional provider at the outset due to the legal challenges faced when considering any type of surveillance.

Carol Lee, senior manager at corporate intelligence specialist, BTG Intelligence

Avatar
Personnel Today

previous post
TUC Conference update: Unions predict major industrial action over pensions
next post
Should employees have a lawyer at a disciplinary hearing

You may also like

Statutory sick pay reforms would save £4bn

19 May 2022

One in five employers planning ‘no jab no...

19 May 2022

Lack of flexibility pushes half of women to...

16 May 2022

MP demands timeline on carer’s leave legislation

13 May 2022

Spain plans menstrual leave for painful periods

13 May 2022

Queen’s Speech: absence of employment bill leaves organisations...

10 May 2022

Queen’s Speech: Exclusivity contracts for low-paid workers to...

9 May 2022

MP seeks legal protections for employees undergoing fertility...

9 May 2022

Are we happy now? New research Sugar-coats working...

6 May 2022

Alan Sugar calls PwC Friday afternoons off a...

6 May 2022
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+