Personal Investigators and Employee Sickness

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