Is your employee sick or skiving?

Peninsula Team

July 22 2016

What happens if a member of staff phones in sick but is later seen out at the shopping centre or down at the pub? Does that mean their skiving?

Not necessarily - not all ill employees are bedridden. It’s worth remembering that not all illnesses incapacitate a person to the point that they need to stay in bed or remain at home. This is especially true with conditions such as stress or depression.

The importance of evidence

Colleagues often alert their managers to inconsistencies between an employee’s absence and their behaviour whilst off sick. This is particularly true if their own workload increased as a result.

Being able to enjoy social events is not an impossibility with an individual who is too ill to work. That said, there are obvious exceptions. You might have questions if an employee signed off sick due to chronic back pain, but was then seen gyrating on the dance floor hours later. In contrast, it's unreasonable to ask the same employee to explain how they were able to walk around the shops or go out for dinner.

Remember, exercise or getting out of the house might help their condition if their doctor advised so. Even if you have doubts, it’s important not to accuse someone of lying when you don’t have all the facts.

Do they have a case?

It’s good practice to have in place a procedure that requires all employees to phone in and speak to their manager if they are too ill to come into work. That even goes for one day absence. Employees who are absent for over a week generally have to obtain a note from their GP. This note will clear up the nature of the illness and how long the employee is likely to be absent. Employers are required to accept a fit note at face value unless they have convincing evidence that casts doubt on whether the employee is genuinely ill.

It’s also good practice to conduct a return to work interview with anyone who has been absent due to ill health after any period of illness. Employees should be asked to explain any inconsistencies between the reason given for their absence and any observed behaviour. Only if an employee cannot give a satisfactory explanation should disciplinary action be taken.

Caught in the act?

Evidence is more likely to be in the form of social media such as Facebook these days. So, if an employee says they were too ill to come into work, but posted that they were out drinking the night before, it’s legitimate to ask them about their apparent illness.

If you have any question about sickness, speak with an expert on 0818 923 923. Or, fill out a contact form to receive a callback.

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