Personal Investigators and Employee Sickness

Posted in : How do I handle it NI on 23 March 2011
Sharon McArdle
Issues covered:

One of my employees is on sickness absence and I suspect that he is not in fact unfit to come to work. Can we employ a private investigator and use the evidence at a disciplinary hearing? How do I handle it?

Sharon McArdle writes:

Workers have a legitimate expectation that they can keep their personal lives private. The use of a private investigator should only be used in exceptional circumstances. Before using a private investigator, employers should consider whether any other less intrusive methods of investigation suffice, in this case for example, using occupational health services.

Employers should also bear in mind the following:

  • The contractual term of mutual trust and confidence

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 06/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Sharon McArdle

The main content of this article was provided by Sharon McArdle. Contact telephone number is 028 9055 3300 or email

View all articles by Sharon McArdle