Dear Agency, I am a small-scale artisan with five employees. Approximately one year ago one of my employees began taking sick leave, remaining at home for up to thirty days consecutively. The company doctor’s examinations didn’t amount to anything and I am sure that during his sick leave he goes to help his brother, who runs a restaurant. I came across your website and I know that you carry out investigations on absentee employees, but, when I spoke to my lawyer about this, he told me that it would be pointless having this person followed, due to the trade unions and worker’s rights etc…what can I do to prove the dishonesty of my employee ?

First of all, change your lawyer, go to a specialist in company and trade union law. If your employee claims to be ill, only to go and work somewhere else, he is committing serious offences, from Social Security fraud to falsification of medical-health documents, which are beyond rightful trade-union protection. If your new lawyer believes it useful, know that you have the right to have your employee followed during working hours, to find out whether or not he is working elsewhere.

Published on: 24 Feb 2005