Stallard Kane News

Tuesday, 26 April 2011 08:00

SICKNESS ABSENCE (May 2011)

Widespread problem

We’ve recently received two similar client queries. Both involve employees who are supposed to be off “sick” but have posted information on their Facebook pages that suggests they weren’t really ill. Our clients want to know if this behaviour warrants disciplinary action.

Two different scenarios

In the first query, the employee pulled a one-day “sickie” claiming to have a “stomach bug”. Pictures posted on their Facebook page then showed them out with their mates. The second concerned an employee who is currently signed off on “long-term sick”. For the sake of argument, let’s say that this is for depression. Their profile recently indicated they were “In Spain, enjoying the sun!”.

Look at the facts

In both situations it’s easy to conclude that the employees were taking sick leave fraudulently. But before going down the disciplinary route, you need to examine the facts. Our clients should print copies of the relevant Facebook pages and invite the employees to attend a disciplinary investigation.

Tip 1. Don’t’ include a copy of the Facebook page with this letter. Not only will it tip the employee off, they’re only entitled to this evidence if you take disciplinary action against them.

Tip 2. During the meeting don’t accuse the employee of anything. Instead, ask open questions to tease out the facts, etc. “You’ve been off sick but comments on your Facebook page state you were doing XYZ. What can you tell me about that?”.

Same problem, different outcome

In the first scenario, when faced with this type of impromptu questioning, it’s difficult to see how the employee could have defence – although some bright sparks might be able to come up with one! If you remain unconvinced by their version of events, you can commence disciplinary action.

On doctor’s orders

The second situation is more problematic. It’s possible that this employee will claim the holiday was taken on the advice of their GP. i.e. it was beneficial for their recovery, particularly if it involved a condition such as depression.

Check up. But you don’t have to take their word for it; you can request permission to obtain a medical report from their GP. If they’ve got nothing to hide, then they’ll freely consent.

Tip 1. Provided you have permission, you can ask their GP about their condition and whether they advised a break. If they confirm this is correct, disciplinary action is unlikely to be justified (but your capability procedure may be appropriate).

Tip 2. Facebook has complicated privacy settings so many users don’t bother to restrict their profiles. You could use it to cross reference any previous suspicious episodes of sickness absence. If you find anything, ask for an explanation along similar lines. They’re unlikely to be a “coincidence”.

Source and Ref: © 2011 Indicator Limited