Employee resolution opinions

kilburn

A particularly problematic employee who has a misconduct history injured himself lifting at work. He is out on sick pay per company sick pay scheme for last 6 weeks with a back injury handing in certs. While supposedly off sick he took the opportunity to go to the canaries with his wife and kids, I found this out accidently as another employee saw him at the airport and filmed him on his mobile phone.
I feel that something needs to be done about this as it is totally out of order, but where do I stand. Can i use secretly filmed footage legally? Can an employee go on holidays while out sick from work?
I understand that any replies are only opinions and that is all i am requesting, thanks for any tips.

bbam

I've seen that particular problem before...
There is nothing you can do as he wasn't working or doing anything he shouldn't.. Actually it could be argued that the warmer climate could help his back...

Something to look at we found useful to get some results..

Check what dates he was out of the country... Then check his certs.. Did his GP provide a cert while he was out of the counrty?? How could he have examined him ??. We used this to discredit the GP certs

Also go through the incident analytically, see if all procedures were followed to the letter as per company procedures... I disciplined in a similar situation as the guy wasn't wearing his safety boots which were provided and compulsary..

I wouldn't produce the video footage..

BrianD

I would forget about the footage.

There's some useful info about long term sick leave and annual leave here:

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/sick_leave.html

(scroll down to further info)

Apparently, you can take it and accumulate it while on long term sick leave.

You're probably best getting legal advice on this one.

Milk & Honey

The employee can be asked directly, if he went to the Canaries or not. If he lies about it he can be disciplined for lying. The employee who witnessed him at the airport can give direct evidence of seeing the delinquent employee at the airport. If he is cross examined as to mistaken identity he can say that he kept a record and produce the video recording.

bbam

Milk & Honey wrote: »

The employee can be asked directly, if he went to the Canaries or not. If he lies about it he can be disciplined for lying. The employee who witnessed him at the airport can give direct evidence of seeing the delinquent employee at the airport. If he is cross examined as to mistaken identity he can say that he kept a record and produce the video recording.

You'd need to line up the second employee as a witness before confronting the employee in illness benifet.. This is supprisingly hard to do unless your guy is really disliked..

Unless you get legal advice don't produce the video as evidence... I know if it were me I'd be screaming invasion of privacy..

If you have a HR department make sure they are lined up behind you before you act..

Your strongest hand is to back this guy into a corner on a lie and then nail him with a discliplinary

kilburn

Well the employee with the video will supply it but will not say anything in public which is fair enough as it would make his job impossible with his colleagues.

As for the holiday without the video how do you prove he was on holiday if he says he was not

bbam

kilburn wrote: »

Well the employee with the video will supply it but will not say anything in public which is fair enough as it would make his job impossible with his colleagues.

As for the holiday without the video how do you prove he was on holiday if he says he was not

PM Sent...

BrianD

Apologies, I misinterpreted the info in my earlier post. The rules appear to allow annual leave to be accrued when on long term sick leave. It doesn't seem to allow it to be taken. One assumes that if you are too sick to work then you are too sick to holiday. Lifting all those cases into the overhead locker would put your back out!

Is the SW making payments, you could ring and check their views.

bbam

BrianD wrote: »

One assumes that if you are too sick to work then you are too sick to holiday.

Is the SW making payments, you could ring and check their views.

No he will be allowed to holiday/take a break, we checked this in the past..
SW will not entertain any specific conversations...

BrianD

Will you could report him to the SW and let them investigate! They're supposed to investigate fraudulent activity.

BTW does he/she engage in any social media activity?