Employee Absence Investigation
Providing evidence to support a fair HR decision
A company contacted us regarding a long-term sickness absence involving an employee who had been signed off work for a medical condition that prevented them from carrying out their normal duties.
The business had supported the employee and followed internal HR procedures, however concerns arose when management received information suggesting the employee may have been undertaking physical activities inconsistent with the reported limitations.
The company did not want to make accusations without proof.
They needed objective information before taking any further action.
The Situation
The employee’s role involved manual and site-based work. Due to the reported condition they were unable to attend work for an extended period.
During the absence:
- colleagues reported seeing the employee active locally
- social media posts suggested higher levels of activity than expected
- operational pressures were increasing due to cover arrangements
The employer faced a difficult position. Acting without evidence risked an employment dispute, but doing nothing created operational and financial strain.
Objectives
We agreed an investigation plan to:
- establish the employee’s general day-to-day activity levels
- document activities observable from public locations
- gather time-referenced evidence
- allow the company to make a fair and lawful HR decision
Our Approach
We conducted targeted surveillance during agreed periods when the employee was expected to be at home due to their reported condition.
Observation was carried out from lawful public positions only. No contact was made with the employee and the investigation remained confidential.
All activity was recorded in structured logs supported by evidential imagery and a written report suitable for internal HR review.
Findings
During the observation periods we documented activities that appeared inconsistent with the limitations described to the employer.
The employee was observed undertaking routine daily activities outside the home over extended periods and travelling to various locations.
A clear timeline of movements and activities was compiled and provided in the final report.
The Outcome
The company was able to review the evidence alongside its HR and legal advisers and proceed through the appropriate internal procedures.
Because the decision was based on documented observations rather than suspicion, the employer was able to act fairly and defensibly.
The investigation also reassured management that they had handled the matter appropriately and proportionately.
Confidential Advice for Employers
If you have concerns about long-term absence, it is important not to confront an employee without evidence. Incorrect handling can result in grievances or tribunal claims even where suspicions are later confirmed.
We can explain what can lawfully be observed and how an investigation can be conducted proportionately and discreetly.
All enquiries are handled confidentially.
Speak to an investigator — no obligation.
