Stress is an increasingly common reason for employee absences for businesses in 2024. According to People Management 1 in 5 people took time off due to stress! While mental health issues are genuine and stress is a debilitating condition, it also presents a challenge for employers who must balance the well-being of their staff with the needs of their business. One question that often arises is can my employer investigate stress? The short answer is yes, but the process must be handled with care and professionalism. We only advise this type of investigation in very strict circumstances.
Stress is the body’s response to pressure. It’s a natural reaction to situations that require a person to adapt or change. While a certain level of stress can be motivating, chronic or excessive stress can lead to serious health issues, including anxiety, depression, and other physical ailments. In the workplace, stress can be caused by a variety of factors, such as heavy workloads, tight deadlines, lack of control over one’s tasks, or conflicts with colleagues.
When an employee reports stress, it’s crucial for employers to take the claim seriously. This involves not only offering support but also verifying the legitimacy of the claim, especially if there are suspicions of dishonesty. Employers have a duty of care to their employees, but they also have the right to protect their business from fraudulent claims.
If an employer suspects that an employee’s claim of stress is not genuine, they may consider launching an investigation. This could be from sources disclosing that the employee is working elsewhere or is online conducting business related activities. One key note, going on holiday with stress, is not going to be something we investigate as a holiday is something used to relieve stress.
When employers do get reports of employees off with stress working elsewhere this is where we can get involved. We will mostly use covert surveillance.
Surveillance involves discreetly monitoring and recording the activities of an employee who has claimed stress to see if their behaviour aligns with their claim. For instance, if an employee is found to be engaging in activities that contradict their claim — such as working a second job or carrying out business online — this evidence can be critical in challenging the validity of their claim.
It’s important to note that any surveillance conducted must be proportionate and with legitimate interest. It is important in these instances that we do not overstep during our surveillance and in turn add more stress onto the employee. Our goal is to uncover the truth while respecting the dignity of all parties.
To explain how surveillance can be used in these cases, I’d like to share a recent example from a recent project.
A business approached Delta 74 with concerns about one of their employees who had been on sick leave due to stress. The employee had initially presented a convincing case, supported by their GP and their results on a specific project. However, whispers around the office suggested that the employee might be using their sick leave to work elsewhere. The belief was that the job was not full time but was a few days a week.
We were tasked with conducting covert surveillance to evidence the true nature of the employee’s time off.
The first day looked to be a true case of stress related time off. The employee began drinking at 9am and was one of the first people into a Wetherspoons pub! Throughout the morning the employee was drinking and moaning about his employer but his conversation then turned to his other work which he said he was attending the very next day!
We then planned a second day of surveillance which evidenced the employee working with a local company. This evidence was irrefutable and provided our client with the necessary information to take appropriate action.
The outcome? The employee’s fraudulent activities were disclosed and they were let go in an amicable way. This enabled the business to take the best financial action they could for their business secure in the knowledge they were in the right.
In conclusion, while stress is a legitimate and serious issue, employers have the right to investigate if they suspect a claim is not genuine. For us to work we need legitimate evidence or witnesses to prove we can investigate. Surveillance, when conducted ethically and legally, can provide the evidence needed to protect a business from fraudulent claims. At Delta 74 Private Investigations, we specialise in uncovering the truth with professionalism and discretion. If you have concerns about an employee’s claim, we’re here to help.
As always, thanks for reading. Dan.
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