SICKNESS ABSENCE - 19.11.2010

Phonecall: “I’m sick”, Facebook: “Having a great time!”

Widespread problem

We’ve recently received two similar subscriber 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 subscribers 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 subscribers should print copies of the relevant Facebook pages and invite the employeesto attend a disciplinary investigation (see The next step).

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, e.g. “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 a 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 involves 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 (see The next step). If they’ve 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”.

For a free sample letter inviting an employee to attend a disciplinary investigation (PS 12.21.05A) and for a free sample letter requesting consent to obtain a medical report and medical report consent form (PS 12.21.05B), visit http://personnel.indicator.co.uk.