We have an employee currently on sick leave with back problems. She has recently posted photos on Facebook showing her socialising and dancing on a night out. These photos have been shared with some of her work colleagues on Facebook and we have been notified. Can we dismiss her for gross misconduct?

Ideally, if you have a sickness absence policy or contractual right requiring the employee to submit to medical examinations when requested, you should take steps to verify the employee's sickness in this way in the first instance. If there is no such policy or requirement, then you may nonetheless wish to contact the employee and request further medical evidence in light of your doubts.

However, sole reliance on social media, in this case Facebook, without any further evidence to question the validity of an employee's sickness may be risky. Arguably, the employee's personal social activities as recorded on Facebook are private and it would be questionable whether you could rely on this