What Is Employee Absence Surveillance? A Guide for UK Employers

Long-term or repeated employee absence can create difficult situations for employers.

Most sickness absence is genuine. However, there may be occasions where an employer has specific evidence that raises questions about whether an employee's activities are consistent with information provided during their absence.

Examples might include suspected unauthorised secondary employment, activity relevant to a stated restriction, or evidence suggesting that further factual investigation is necessary.

In appropriate circumstances, discreet surveillance may help establish observable facts.

It should not be used routinely to monitor employees, nor should an employer assume that sickness absence is fraudulent simply because concerns have arisen.

For a broader explanation of professional surveillance methods and their limitations, read our guide to private investigator surveillance.

What Is Employee Absence Surveillance?

Employee absence surveillance involves discreet observation of an employee where there is a defined and legitimate reason to establish information relevant to an absence or employment investigation.

Depending on the circumstances, surveillance may document:

• Whether an individual attends a particular location.
• Whether they appear to be undertaking other employment.
• Observable physical activity.
• Business or commercial activity.
• Use of vehicles.
• Relevant meetings.
• Movements during an agreed period.

The investigator's role is to record what can reasonably be observed.

Surveillance should not be used to make medical diagnoses, determine whether somebody is experiencing pain or decide whether an employee is fit to return to work.

Those are separate matters requiring appropriate medical, HR or legal input.

When Might an Employer Consider Surveillance?

Surveillance should normally arise from a specific concern rather than general suspicion.

Examples may include:

• Evidence suggesting an employee is working elsewhere while absent.
• Information indicating that an employee may be running a business during working hours.
• Material inconsistencies requiring factual clarification.
• Suspected breaches of contractual restrictions.
• Concerns connected with a wider misconduct investigation.
• Information suggesting activity directly relevant to representations made during an absence.

A long period of sickness absence alone should not automatically justify surveillance.

Likewise, unusual behaviour or workplace rumours should not be treated as evidence of dishonesty without appropriate assessment.

The objective should be clear before any surveillance begins.

Can an Employer Conduct Covert Surveillance?

Employers need to exercise particular caution when covertly monitoring workers.

The Information Commissioner's Office states that covert worker monitoring is unlikely to be justified in normal circumstances and should generally be reserved for specific investigations where there are grounds for believing misconduct may be taking place. It should also be targeted and discontinued when the investigation is complete.

This means employers should consider questions such as:

• What exactly are we trying to establish?
• What evidence already exists?
• Could a less intrusive method answer the same question?
• How long would surveillance need to continue?
• What information is likely to be collected?
• Could unrelated individuals also be recorded?
• How will the resulting information be handled?

The fact that surveillance is technically possible does not automatically make it appropriate.

Necessity and Proportionality

Proportionality is central to employee surveillance.

The level of intrusion should reflect the seriousness of the issue being investigated and the value of the information being sought.

For example, an allegation that an employee has been undertaking substantial paid employment elsewhere while claiming to be unable to work may require a different investigative response from a minor disagreement about absence procedures.

Employers should consider whether alternative steps could reasonably answer the question first.

These might include:

• Reviewing existing employment records.
• Speaking with the employee.
• Seeking occupational-health input.
• Reviewing contractual information.
• Examining legitimate internal records.
• Clarifying inconsistencies through normal HR procedures.

Surveillance may become relevant where these methods cannot resolve a specific factual issue.

What Can Employee Surveillance Establish?

Surveillance is strongest when it is used to answer an observable question.

For example, investigators may be able to document that an employee:

• Travelled to a particular location.
• Attended another workplace.
• Performed identifiable physical activities.
• Met particular individuals.
• Used a vehicle.
• Appeared to conduct commercial activity.
• Repeated a pattern of activity across several periods.

These observations may then be considered alongside other evidence.

However, surveillance should not be used to claim more than it demonstrates.

What Surveillance Cannot Establish

An employee may be able to undertake an activity while still genuinely being unfit for their normal role.

For example, seeing an employee:

• Drive a vehicle.
• Carry shopping.
• Walk some distance.
• Exercise.
• Attend a social event.
• Perform occasional physical activity.

does not automatically establish that they are medically fit to perform their contracted work.

An individual may have fluctuating symptoms, restrictions relating to specific movements, mental-health conditions or other circumstances that are not visible to an investigator.

Surveillance records behaviour.

It does not replace medical assessment.

Secondary Employment During Sick Leave

One reason employers sometimes consider surveillance is suspected secondary employment.

An employee may be absent from one job while apparently working for another organisation or operating their own business.

Even then, context matters.

Working elsewhere is not automatically proof of dishonesty.

The employee's contractual obligations, the nature of both roles, medical restrictions and information provided to the employer may all be relevant.

For example, an employee unable to undertake strenuous manual work might still be capable of performing a less demanding administrative role.

Surveillance may establish that other employment activity is taking place.

Whether that activity constitutes misconduct is a separate employment matter.

Physical Activity and Injury-Related Absence

Surveillance can become particularly sensitive where an absence involves injury or physical limitations.

An employer may receive information suggesting the employee is performing activities that appear inconsistent with what has been reported.

Where surveillance is justified, investigators can document those activities.

They should not report that an employee has "proved they are not injured" simply because a particular movement has been observed.

A factual report might record that the individual:

• Lifted an identified object.
• Walked for a particular period.
• Drove to a location.
• Carried out gardening.
• Participated in an activity.

The significance of those observations can then be assessed by the employer and, where relevant, occupational-health or medical professionals.

Why Surveillance Across Several Days May Be Necessary

One period of surveillance does not necessarily establish someone's usual behaviour.

An employee may remain at home throughout the observation period.

Alternatively, the investigator may observe unusually high activity on one particular day.

Where the objective involves determining whether behaviour is recurring, observations across more than one period may sometimes provide a more meaningful picture.

That does not mean surveillance should continue indefinitely.

The duration should remain tied to the purpose of the investigation and reviewed as information becomes available.

Employee Privacy Still Matters Outside Work

Another common misconception is that anything an employee does outside working hours is automatically open to employer investigation.

It is not.

Surveillance may involve the processing of personal information, and employers should consider privacy and data-protection obligations when deciding whether monitoring is justified. ICO worker-monitoring guidance specifically emphasises transparency, fairness, necessity and proportionality when employers monitor workers.

An employer should therefore avoid turning a specific investigation into unrestricted examination of an employee's private life.

Information unrelated to the issue being investigated should not automatically become part of the employment case simply because an investigator observed it.

What Should the Surveillance Report Contain?

A professional employee surveillance report should be factual and chronological.

Depending on the assignment, it may include:

• Dates and times.
• Locations.
• Movements.
• Relevant activities.
• Vehicle information.
• Photographs.
• Video footage.
• Periods when the employee was not visible.
• Operational limitations.

The report should distinguish observations from interpretation.

For example, if an individual enters a commercial premises, investigators should not automatically state that they are employed there unless supporting evidence establishes that fact.

Similarly, meeting another individual does not establish the purpose of the meeting.

Surveillance Should Form Part of a Wider Investigation

Employee surveillance is rarely the entire investigation.

Findings may need to be considered alongside:

• HR records.
• Statements made by the employee.
• Occupational-health information.
• Employment contracts.
• Internal records.
• Witness accounts.
• Other legitimately obtained evidence.

Surveillance might support an employer's concerns.

It might contradict them.

It might also produce no relevant evidence at all.

All three outcomes are possible.

A professional investigator should not guarantee that surveillance will prove misconduct before the operation has taken place.

Handling Employee Surveillance Evidence

Surveillance can create sensitive personal information, including photographs, video footage, location information and records of an individual's movements.

Employers and investigators should therefore consider how that information will be:

• Stored.
• Accessed.
• Shared.
• Retained.
• Used within the investigation.
• Deleted when no longer required.

Access should ordinarily be limited to people who genuinely need the information for the purpose for which it was obtained.

Employee Surveillance and Disciplinary Decisions

Surveillance evidence should not automatically determine the outcome of an employment investigation.

The employer may need to consider the evidence through its normal HR and disciplinary procedures and provide the employee with an appropriate opportunity to respond.

For example, surveillance might show behaviour that appears inconsistent with information previously provided.

There may nevertheless be an explanation.

The purpose of the surveillance report is to establish factual information for consideration, not to make the employment decision itself.

Professional Employee Absence Surveillance

Conflict International provides Surveillance Services for businesses and organisations dealing with legitimate employee absence, misconduct and other corporate concerns.

Assignments are scoped around the specific issue requiring investigation, with consideration given to the objective, proportionality and information already available.

Our role is to document relevant observable activity and report findings and limitations clearly.

We do not determine whether an employee is medically fit for work or guarantee that surveillance will establish misconduct.

Discuss an Employee Absence Concern

If your organisation has a specific concern about employee absence or suspected activity that cannot be resolved through normal internal enquiries, Conflict International can assess the circumstances and discuss whether surveillance is an appropriate investigative option.

Complete the enquiry form below to discuss your requirements in confidence.