Professional employee absence investigations for UK businesses concerned about suspected sick leave abuse, secondary employment or potential misconduct during periods of sickness absence. Persistent or suspicious employee absence can create significant operational and financial problems for a business. Where an employer has genuine concerns about the circumstances surrounding an employee’s sickness absence, an independent investigation may help establish facts before further decisions are made.
Are They Safe provides discreet employee absence investigations for businesses, employers, HR professionals and legal advisers throughout the UK. Our investigators can gather independent evidence concerning relevant activities while an employee is absent from work, where there is a legitimate and lawful reason for doing so. Investigations are planned individually, with particular consideration given to necessity, proportionality, privacy and the nature of the concerns raised.
Suspect an Employee Is Abusing Sick Leave?
An employee being seen outside their home while signed off work does not automatically mean their sickness absence is dishonest.
Many illnesses and medical conditions do not require somebody to remain at home, and an individual’s activities must always be considered in context. There can, however, be circumstances where an employer has reasonable grounds to investigate.
These may include concerns that an employee is:
- undertaking other paid employment while absent from their usual role;
- operating or working within another business;
- carrying out activities that appear potentially inconsistent with information provided to the employer;
- repeatedly taking suspicious periods of sickness absence;
- potentially misrepresenting the circumstances surrounding an absence; or
engaging in other suspected misconduct connected with their absence.
The purpose of an investigation should be to establish facts rather than assume wrongdoing.
Can an Employer Investigate an Employee Who Is Off Sick?
Yes, there may be circumstances in which an employer can investigate concerns relating to an employee who is absent through sickness. However, employee monitoring and surveillance must be approached carefully. Any investigation should have a clearly defined and legitimate purpose and the methods used should be necessary and proportionate to the concerns being investigated. Employers should also consider their obligations under applicable employment, privacy and data-protection law before commissioning surveillance or other monitoring. Are They Safe can discuss the investigative options available and the evidence that may realistically be obtained. Employers should obtain appropriate employment or legal advice where necessary before relying upon investigative evidence in disciplinary or other employment proceedings.
Employee Sickness Absence Surveillance
Surveillance may be appropriate where an employer requires independent evidence concerning particular activities during a period of absence. Our private investigators can conduct discreet observations from lawful locations and document relevant activity during an agreed period.
Where obtained, evidence may include:
- chronological surveillance observations;
- time and location information;
photographic evidence;
video evidence; and - a professional investigation report.
Surveillance is intelligence-led wherever possible. Deployment times and locations should be selected according to the circumstances of the case rather than simply monitoring an employee indiscriminately. No professional investigator can guarantee what an investigation will establish.
Investigating Suspected Secondary Employment While Off Sick
Another reason a businesses instruct employee investigators is concern that an employee may be working elsewhere while claiming sickness absence from their employer. Depending upon the circumstances, an investigation may seek to establish whether an individual appears to be attending another workplace, undertaking commercial activity or operating another business. The significance of any activity will depend upon the employee’s circumstances, the reason for their absence, their employment arrangements and other relevant facts. Our role is to gather and report evidence objectively. Decisions concerning disciplinary action or employment status remain a matter for the employer and its professional advisers.
What Can an Employee Absence Investigation Establish?
The investigation will depend upon the specific concern. Rather than conducting broad or speculative surveillance, we first establish what the employer needs to understand and whether investigative work could reasonably provide useful evidence.
For example, an employer may need to establish whether an employee:
- Is attending another workplace. Surveillance may document journeys to and attendance at a relevant location.
- Appears to be undertaking other work
Observations may document relevant visible activity where this can lawfully be observed. - Is associated with another business
Appropriate corporate and open-source enquiries may identify relevant publicly available business information. - Is undertaking particular activities
Surveillance can independently record relevant movements and activities observed during the investigation.
The evidence should always be considered in context. Investigators establish what happened; they do not make medical determinations about whether an activity is compatible with a particular health condition.
How Does an Employee Absence Investigation Work?
1. Initial Consultation
We discuss the circumstances surrounding the absence, the employer’s concerns and the information already available.
We will consider what question the investigation is actually intended to answer.
2. Investigation Planning
Where investigation is appropriate, we determine the most proportionate investigative approach.
This may involve surveillance, open-source research, corporate enquiries or a combination of appropriate methods.
3. Evidence Gathering
Experienced investigators undertake the agreed enquiries and objectively document relevant findings.
4. Investigation Report
Clients receive a professional report setting out relevant observations and findings. Photographic or video evidence may also be supplied where obtained during surveillance.
Is It Legal to Put an Employee Under Surveillance in the UK?
There is no blanket entitlement for an employer to place an employee under surveillance. Worker monitoring must comply with applicable law and should have a clearly defined purpose. The necessity and proportionality of the proposed investigation should be considered before surveillance begins. Covert employee monitoring requires particularly careful consideration and should not be used simply to find out what an employee is doing. Where appropriate, employers should obtain independent legal or employment advice concerning their particular circumstances.
Can You Follow an Employee While They Are Off Sick?
Professional investigators can conduct lawful surveillance from appropriate locations where there is a legitimate and properly considered purpose for the investigation.
Surveillance does not give an investigator special powers. Investigators cannot trespass onto private property simply because an investigation has been commissioned, nor should surveillance become harassment or unjustifiably intrusive. The objective is to obtain relevant independent evidence while maintaining appropriate professional and legal boundaries.
Can an Employee Be Investigated Without Them Knowing?
Covert employee monitoring is a particularly sensitive area.
There may be exceptional circumstances where covert monitoring can potentially be justified, particularly where there are reasonable grounds for suspecting serious misconduct or criminal activity and informing the employee would prejudice the investigation. It should not be regarded as a routine method of managing sickness absence. Employers considering covert monitoring should carefully assess and document the purpose, necessity and proportionality of the proposed investigation and obtain appropriate advice where required.
What Evidence Will the Employer Receive?
Where surveillance is undertaken, an investigation report can provide an independent chronological account of relevant observations. Depending upon what occurs during the deployment, this may be supported by photographic or video evidence. Reports are written factually and should distinguish clearly between what investigators observed and any conclusions that may subsequently be drawn from those observations. This is particularly important in sickness investigations because an investigator cannot determine someone’s medical condition simply from observing their activities.
Employee Absence Investigations for HR and Legal Teams
Are They Safe can work alongside:
- business owners;
- HR departments;
- employment solicitors;
- compliance teams;
- insurers; and
- other professional advisers.
Investigations can be scoped around a specific allegation or concern so that evidence gathering remains focused and proportionate. Where litigation or disciplinary proceedings are anticipated, clients should discuss evidential requirements with their legal advisers before an investigation begins.
Employee Absence Investigation FAQs
Can a private investigator investigate an employee who is off sick?
Potentially, yes. Where an employer has a legitimate concern about suspected misconduct or dishonest absence, a private investigator may be instructed to gather relevant evidence using lawful and proportionate investigative methods. Whether surveillance is appropriate will depend upon the individual circumstances.
Can you prove that an employee is faking an illness?
A private investigator cannot diagnose an employee or determine whether a medical condition is genuine. What an investigator can do is independently document relevant observable activities. The employer and its professional advisers can then consider that evidence alongside medical and employment information.
Can you find out if an employee is working another job while off sick?
Depending upon the circumstances, surveillance and appropriate enquiries may establish evidence indicating that an employee is attending another workplace or undertaking other commercial activity. Findings will depend upon what can lawfully be observed and established during the investigation.
Is it illegal to work another job while off sick?
Not necessarily. The circumstances, employment contract, reason for absence and nature of the other work all matter. Evidence that somebody has undertaken another activity should therefore not automatically be treated as proof of dishonesty or misconduct.
How long does an employee surveillance investigation take?
There is no standard duration. Some investigations may require a targeted surveillance deployment on a particular day, while others require observations across several dates. We recommend an approach based upon the circumstances and intelligence available rather than unnecessarily extending surveillance.
Will the employee know they are being investigated?
The answer depends upon the type of investigation and the employer’s circumstances. Covert monitoring requires careful justification and should only be considered where appropriate. Investigation planning should take account of privacy, data-protection and employment-law considerations.
Can surveillance evidence be used in disciplinary proceedings?
Surveillance evidence may potentially form part of an employer’s evidence, but its use will depend upon how it was obtained and the circumstances of the employment matter. Employers should obtain appropriate employment-law advice before relying upon investigative evidence in disciplinary proceedings.
Do you investigate employees throughout the UK?
Yes. Are They Safe provides corporate and employee investigation services throughout the UK, subject to the circumstances of the instruction and investigator availability.
Professional Employee Investigations
Employee absence investigations require discretion, careful planning and objective evidence gathering.
Are They Safe provides professional corporate investigations for businesses requiring independent information concerning suspected employee misconduct, sickness absence abuse, theft, fraud and other workplace concerns. Every investigation is considered individually. We do not assume that sickness absence is dishonest and cannot guarantee that an investigation will establish misconduct.
Where surveillance or other investigative work is appropriate, the scope is agreed with the client before deployment.
Speak to an Employee Investigator
If you are concerned about an employee’s sickness absence or suspected misconduct, speak confidentially with Are They Safe corporate investigation team about the circumstances. We can discuss what you already know, what you need to establish and whether an investigation is an appropriate and proportionate next step.
Confidential UK employee investigation enquiries.
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