Although it’s not unreasonable for your client to jump to the conclusion that their employee is lying and is pulling a ‘sickie’, they should tread with caution to ensure they don’t put their business at risk. This does not mean they shouldn’t do anything and it will be crucial to carry out an investigation in to this matter, even if they think the employee is obviously lying.
Your client should follow their normal procedures whilst the employee is off ill, including keeping in touch with the employee as they normally would under the absence procedure. This will usually involve phoning the employee to ask them how they’re feeling and to ask for an indication of when they will return to work, although your client should make sure they’re not repeatedly calling or harassing the employee.
Once the employee is fit to come back to work, your client should hold a return to work meeting with the employee. This meeting provides the opportunity for your client to ask the employee to explain their illness, what symptoms they had and how they’re feeling now. A return to work form should be filled in and any documentation, such as a self-certification form or fit note, should be requested from the employee as evidence of their illness.
Although this may seem pointless because the employee has already been off ill, a return to work meeting is important because it requires the employee to sit with your client and, where the illness was fake, lie to them about their absence. This is harder to do when face to face and it will allow your client to assess whether the illness was genuine or not.
Following this meeting, if your client still believes their employee was lying about their sickness, this becomes a disciplinary matter which should be resolved under the normal disciplinary procedure. A full investigation should be carried out, including having an investigation meeting with the employee, and any additional evidence should be gathered, such as witness statements.
Disciplining the employee for false sickness will act as an effective deterrent against others carrying out the same action. However, your client still needs to act reasonably. In most cases, a dismissal for a first offence will not be warranted and could leave you client facing an unfair dismissal claim. Instead, a warning is likely to be appropriate, dependent on the employee’s current disciplinary record.
