One of our solicitors’ comments on the issues raised by the Anonymous Company:

Firstly, whilst it may be easy for you to jump to conclusions when this situation happens, it is important to take a step back and consider the situation before taking any action. It could be very embarrassing for you to accuse an employee of lying when in fact they were ill.

No matter what the situation, you should conduct a return-to-work interview when the employee returns from sick leave. You should ask the employee why there were off sick, if they are recovered, and whether they visited the GP or a pharmacy.

This will help you understand more about the reason for the absence and ask questions to follow up.

However, if you have little to no evidence that the employee was lying, you could mention during the return-to-work meeting that the timing of the sick leave coincided with a declined holiday request. You can then commit to monitor the employees’ absences and see whether a pattern is forming.

There are a few scenarios based on the above that employers could face:

What do I do when an employee doesn’t turn up on a day they had a leave request refused?

If the employee doesn’t turn up for work, or they fail to report their absence in accordance with the company’s reporting procedure then it may be possible to take disciplinary action against the employee for unauthorised absence.

What if I have evidence my employee wasn’t sick?

With the benefit of social media, you may know more about how your employees spend their time out of work. If you see something suspicious such as a holiday photo this should be raised in the return-to-work interview (employers should be aware that an employee being off sick and on holiday isn’t always a disciplinary issue).

If it is appropriate, and if you have a reasonable belief that the employee was not sick then disciplinary action could be taken against the employee for an unauthorised absence.

Alternatively, if you have information which conflicts with what your employee told you in the return-to-work interview, then this may also lead to disciplinary action.

Always conduct the return-to-work interview first to establish the employee’s reasons. In certain cases, being out of the house with certain illnesses is not unreasonable, and thought should be given to the employee’s reasons. For example, employees who are suffering from their mental health may go out for a walk or out for dinner but still genuinely be too unwell to work.

What if I’ve heard rumours that my employee plans to call in sick after their leave request has been refused?

In this case, it is important for you to determine where the information came from. Which employee told you this? Have you heard this second hand? And consider whether this a reliable piece of information.

You could address the rumours with the employee before the leave dates. This may act as a deterrent and prevent them from ‘pulling a sickie’, although thought should be given to the impact this may have on your relationship.

Employers should be careful when dealing with these situations and they shouldn’t jump to conclusions. Always speak to the employee first before deciding whether any disciplinary action is appropriate.